GitHub Offerings

Product Conditions:

Provides additional information related to acquiring the Product, such as prerequisites for purchase, prior versions, and the applicable Product Pool.

GitHub Enterprise

Customer’s Licensed Users may access and use both the GitHub Enterprise Cloud online service (formerly known as Business Cloud) and GitHub Enterprise Server on-premises software (formerly known as GitHub Enterprise or GHE), as included in GitHub Enterprise.

GitHub Enterprise Licensed via EES

Customer must acquire one GitHub Enterprise Service SL for the organization. For purposes of GitHub Enterprise License Terms, all of Customer’s Education Qualified Users (or Knowledge Workers) and Students are deemed to be Licensed Users during the term of its Service SL.

Training and Evaluation

Notwithstanding any terms to the contrary in Customer's volume licensing agreement, access to GitHub Enterprise software or the online service for preview, demonstration, pre-release versions, training or evaluation purposes requires User SL and the terms at https://aka.ms/github_preview apply.

License Prerequisites

Purchases of the following Licenses also require the purchase of a prerequisite License listed in the table below:

*Must acquire for all Customer’s GitHub Enterprise Users

Privacy

Notwithstanding anything to the contrary in Customer’s volume licensing agreement (including these Product Terms and the DPA), the GitHub Privacy Statement available at https://aka.ms/github_privacy and the GitHub Data Protection Agreement at https://aka.ms/github_dpa will apply to Customer’s use of GitHub Offerings, including GitHub Enterprise licensed standalone or as Visual Studio Enterprise or Professional with GitHub Enterprise.

Service Level Agreement

For more information, please refer to https://github.com/customer-terms/github-online-services-sla.

GitHub Advanced Security

In addition to User SLs permitting access to GitHub Enterprise, Customer must acquire GitHub Advanced Security User SLs for each of its Unique Committers.

GitHub Engineering Direct

GitHub Engineering Direct is premium technical support provided by GitHub, Inc. for customers who have Microsoft Premier or Unified Support.  By using GitHub technical support, Customer agrees to be bound by the GitHub terms available at https://aka.ms/githubsupport.

GitHub Enterprise Server

Updates
 

Customer must update on-premises software at least once per year. Releases can be found at https://enterprise.github.com/releases.

GitHub Enterprise Cloud

License Grant

Customer grants Microsoft a nonexclusive, worldwide license to use Customer Data, and the right to make incidental copies as necessary to provide the Online Services or support, or for security reasons.  Customer can terminate this license by removing such content from the service or generally by closing Customer's account, except (a) to the extent Customer shared it with others as part of the service and they copied re-shared or stored it and (b) for the reasonable time it takes to remove from backup and other systems. Customer will fully comply with any third-party license terms that apply to such content.

Contributions Under Repository License

Unless otherwise specifically agreed (for example in a contributor license agreement), upon adding content to a repository, Customer grants a license to third parties under the same terms as the repository. 

GitHub Copilot

Data

Prompts are the collection of code and supporting contextual information sent to GitHub to generate suggestions, including data you submit through a chat interface. Suggestions are the code, functions, and other output returned to Customers by GitHub Copilot.

A. Copilot Data Generally. GitHub Copilot sends an encrypted prompt from Customer to GitHub to provide suggestions. Except as detailed below, Prompts are transmitted only to generate these suggestions in real-time, are deleted once the suggestions are generated, and are not used for any other purpose.  Prompts are encrypted during transit and are not stored at rest without your permission.

B. When Prompts are Retained. Your Prompts are retained by GitHub in the following circumstances:

1. CLI and Other Tools. If you use GitHub Copilot tools that operate outside of your code editor, such as Copilot for the Command Line Interface, GitHub Copilot retains your Prompts to those tools to provide the service.
2. Private Language Models. If you have requested a customized private language model, GitHub Copilot retains your Prompts to fine-tune your private model.
3. Customization. If you have customized GitHub Copilot to use alternative data handling, such as enabling interaction with third party extensions, GitHub Copilot will retain your Prompts based on that customization.

C. More Information. More detailed information on how data is processed by GitHub Copilot is in the GitHub Privacy Statement available at https://gh.io/privacy. 

Defense of Third-Party Claims

Notwithstanding any other provision in Customer's volume licensing agreement, Microsoft’s obligation to defend Customer's use of GitHub Copilot under the Copilot Copyright Commitment will not apply if Customer has not set the Duplicate Detection filtering feature available in GitHub Copilot to its “Block” setting. Customers can learn how to enable the Duplicate Detection filter at https://gh.io/cfb-dd.

Notices

Notices to GitHub may be submitted via email to legal@support.github.com. If Customer wishes to formally service notice on GitHub, it must be made through GitHub’s registered agent:

GitHub, Inc.

c/o Corporation Service Company

2710 Gateway Oaks Drive, Suite 150N

Sacramento, CA 95833-3505

Enablement of GitHub Advanced Security for Azure DevOps

In addition to a Licensed User permitting access to Azure DevOps, a customer must activate GitHub Advanced Security for Azure DevOps for each repository where the service is required, allowing Unique Committers to utilize the service.