| Terms and
Conditions |
Following terms
and conditions (the "Terms and
Conditions") shall apply to the SQL
Server Scheme detailed below (the "Scheme").
For the purposes of these Terms and Conditions,
the term Microsoft, when used with reference to a
legal entity, shall mean Microsoft Regional Sales
Corporation: |
| 1. |
The Scheme
shall run from April 15, 2009 to June 26,
2009 ("the Scheme Period"). Microsoft can
curtail or extend the Scheme Period, as it deems
necessary. |
| 2. |
The Scheme shall be valid in India
only. |
| 3. |
Following
shall be entitled to participate in the Scheme
("Participant"): |
|
All
customers who (a) have between 5 and 500
PCs, (b) are not government department
or eligible under the Microsoft Academic License
(c) do not have a parent organization where
the sum of PCs is equal to or exceeds 500 PCs, and
(d) obtain the following Eligible
Products from any reseller under
new Open License, Open License plus Software
Assurance (L+SA) & Open Value (NL
only) licensing options: |
|
| SQL Server 2008 Standard Edition
License |
| SQL Server 2008 Enterprise
Edition License |
| SQL Server 2008 CALs (Device/
User) | |
|
| SKU |
Description |
| 228-08617
|
SQL Svr
Standard Edtn 2008 Sngl OLP NL 1 Proc |
| 228-08688
|
SQL Svr
Standard Edtn 2008 Sngl OLP NL |
| 359-05034
|
SQL CAL 2008
Sngl OLP NL Device CAL |
| 359-05037
|
SQL CAL 2008
Sngl OLP NL User CAL |
| 810-07509
|
SQL Svr
Enterprise Edtn 2008 Sngl OLP NL 1 Proc
|
| 810-07580
|
SQL Svr
Enterprise Edtn 2008 Sngl OLP NL |
| 359-01005
|
SQL CAL Sngl
Lic/SA Pack OLP NL User CAL |
| 810-04388
|
SQL Svr
Enterprise Edtn Sngl Lic/SA Pack OLP NL 1 Proc
Lic |
| 810-05044
|
SQL Svr
Enterprise Edtn Sngl Lic/SA Pack OLP NL
|
| 228-04628
|
SQL Svr
Standard Edtn Sngl Lic/SA Pack OLP NL |
| 228-05104
|
SQL Svr
Standard Edtn Sngl Lic/SA Pack OLP NL 1 Proc Lic
|
| 359-00734
|
SQL CAL Sngl
Lic/SA Pack OLP NL Device CAL |
| 228-04738
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 1YRAcqY1 AddPrd
|
| 228-04748
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 1YRAcqY2 AddPrd
|
| 228-04758
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 1YRAcqY3 AddPrd
|
| 228-04768
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 2YRAcqY2 AddPrd
|
| 228-04778
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 3YRAcqY1 AddPrd
|
| 228-05177
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 1YRAcqY1 AddPrd 1Proc
|
| 228-05187
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 1YRAcqY2 AddPrd 1Proc
|
| 228-05197
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 1YRAcqY3 AddPrd 1Proc
|
| 228-05207
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 2YRAcqY2 AddPrd 1Proc
|
| 228-05217
|
SQL Svr Stand
Edtn Sngl Lic/SA OLVNL 3YRAcqY1 AddPrd 1Proc
|
| 359-01464
|
SQL CAL Sngl
Lic/SA Pack OLV NL 3YR Acq Y1 Addtl Prod Device
CAL |
| 359-01465
|
SQL CAL Sngl
Lic/SA Pack OLV NL 2YR Acq Y2 Addtl Prod Device
CAL |
| 359-01466
|
SQL CAL Sngl
Lic/SA Pack OLV NL 1YR Acq Y1 Addtl Prod Device
CAL |
| 359-01467
|
SQL CAL Sngl
Lic/SA Pack OLV NL 1YR Acq Y2 Addtl Prod Device
CAL |
| 359-01468
|
SQL CAL Sngl
Lic/SA Pack OLV NL 1YR Acq Y3 Addtl Prod Device
CAL |
| 359-01469
|
SQL CAL Sngl
Lic/SA Pack OLV NL 3YR Acq Y1 Addtl Prod User
CAL |
| 359-01470
|
SQL CAL Sngl
Lic/SA Pack OLV NL 2YR Acq Y2 Addtl Prod User
CAL |
| 359-01471
|
SQL CAL Sngl
Lic/SA Pack OLV NL 1YR Acq Y1 Addtl Prod User
CAL |
| 359-01472
|
SQL CAL Sngl
Lic/SA Pack OLV NL 1YR Acq Y2 Addtl Prod User
CAL |
| 359-01473
|
SQL CAL Sngl
Lic/SA Pack OLV NL 1YR Acq Y3 Addtl Prod User
CAL |
| 810-04268
|
SQL Svr Ent
Edtn Sngl Lic/SA OLVNL 1YRAcqY1 AddtlProd1Proc
|
| 810-04278
|
SQL Svr Ent
Edtn Sngl Lic/SA OLVNL 1YRAcqY2 AddtlProd1Proc
|
| 810-04288
|
SQL Svr Ent
Edtn Sngl Lic/SA OLVNL 1YRAcqY3 AddtlProd1Proc
|
| 810-04298
|
SQL Svr Ent
Edtn Sngl Lic/SA OLVNL 2YRAcqY2 AddtlProd1Proc
|
| 810-04308
|
SQL Svr Ent
Edtn Sngl Lic/SA OLVNL 3YRAcqY1 AddtlProd1Proc
|
| 810-04924
|
SQL Svr
Enterprise Edtn Sngl Lic/SA OLVNL 1YRAcqY1
AddPrd |
| 810-04932
|
SQL Svr
Enterprise Edtn Sngl Lic/SA OLVNL 1YRAcqY2
AddPrd |
| 810-04940
|
SQL Svr
Enterprise Edtn Sngl Lic/SA OLVNL 1YRAcqY3
AddPrd |
| 810-04948
|
SQL Svr
Enterprise Edtn Sngl Lic/SA OLVNL 2YRAcqY2
AddPrd |
| 810-04956
|
SQL Svr
Enterprise Edtn Sngl Lic/SA OLVNL 3YRAcqY1
AddPrd | |
| 4. |
An employee, agent or a relative
of an employee of Microsoft, its Affiliates
or Microsoft Corporation, USA shall not be
eligible to participate in the Scheme. |
| 5. |
Each
Participant must ensure that his/her participation
in the Scheme is lawful and is in accordance with
the applicable laws. |
| 6. |
No participation or other fee is
required to be paid for participating in the
Scheme. |
| 7. |
The
Participant agrees to provide Microsoft current,
complete and accurate information. |
| 8. |
An incomplete entry form or
on-line registration by a Participant shall be
rejected. Any decision taken by Microsoft for
rejecting any entry shall be final and binding and
not subject to any dispute or challenge. |
| 9. |
Microsoft
does not make any commitment, express or implied,
to respond to any feedback, suggestion and, or,
queries of the Participants or furnish any reason
or explanation at any stage of the
Scheme. |
| 10. |
Microsoft may assign any or all of
its rights under these Terms and Conditions to its
Affiliates without consent of the Participants.
|
| 11. |
Participation in the Scheme shall be
construed as an acceptance of the Terms and
Conditions stipulated herein. Any breach or
default by a Participant of any of the Terms and
Conditions herein shall result in immediate
disqualification without notice. |
| 12. |
The Participant undertakes and
declares that for participating in the Scheme,
he/she shall not use any unauthorized or pirated
software. In the event, a Participant is found to
be doing so, the entry of such Participant shall
forthwith be disqualified from the Scheme. |
| 13. |
The
Microsoft officials engaged in the organization
and management of the Scheme, including its
directors, officers, partners, employees,
consultants and agents are under no obligation to
render any advice or service to any Participant in
respect of the Scheme. |
| 14. |
Any attempt by a Participant to
deliberately damage any website or undermine the
legitimate operation of the Scheme is a violation
of Criminal and Civil Laws and should such an
attempt be made, Microsoft reserves the right to
seek damages from any such Participant to the
fullest extent permitted by law. |
| 15. |
Following
will be the benefits ("Benefits")
under the Scheme: |
|
Under Open
License (NL Level): |
|
| Eligible Products
|
Benefit
|
| Purchase 1 or
more SQL Server 2008 Standard Edition License
|
Get 15%
discount |
| Purchase 1 or
more SQL Server 2008 Enterprise Edition License
|
Get 15%
discount |
| Purchase 1 or
more SQL Server 2008 CALs (Device/ User) |
Get 15%
discount | |
|
Under Open
L+SA (NL Level): |
|
| Eligible Products
|
Benefit
|
| Purchase 1 or
more SQL Server 2008 Standard Edition License
|
Get 16.7%
discount |
| Purchase 1 or
more SQL Server 2008 Enterprise Edition License
|
Get 16.7%
discount |
| Purchase 1 or
more SQL Server 2008 CALs (Device/ User) |
Get 15%
discount | |
|
Under Open
Value (NL Level): |
|
| Eligible Products
|
Benefit
|
| Purchase 1 or
more SQL Server 2008 Standard Edition License
|
*Get upto 20%
discount |
| Purchase 1 or
more SQL Server 2008 Enterprise Edition License
|
*Get upto 20%
discount |
| Purchase 1 or
more SQL Server 2008 CALs (Device/ User) |
Get 15%
discount | |
|
*Discounts
vary for different SKUs as given in Annexure 1
hereto |
| 16. |
Benefit under this Scheme cannot
be combined with any other Scheme, promotion
and/or offering made by Microsoft. |
| 17. |
The
selected Participant(s) shall have thirty (30)
days from date of notification of their selection
to respond at the notified place. Failure to
respond within this period shall result in
forfeiture of the Benefits. |
| 18. |
The name(s) of the selected
Participant(s) shall be declared through
email or postal address. All selected Participants
shall be informed individually by mail (e-mail or
normal post). However, there shall be no liability
on Microsoft in the event such mail does not reach
such Participants on any account whatsoever.
|
| 19. |
The
decision on the Participants selected by Microsoft
shall be final and binding and no correspondence
or communication shall be entertained in this
regard. |
| 20. |
Microsoft or its Affiliates shall
be entitled to use, in any manner, the name,
photographs and other details of the Participant
or any other participating person, likeness and
status in any publication including the Benefits
awarded to them. By participating in the Scheme,
all Participants hereby agree to the same. |
| 21. |
Benefits
shall neither be transferable nor exchangeable for
cash or otherwise. No other person or agent
can claim the Benefits on behalf of the
Participant. |
|
|
| 22. |
Any Microsoft Product under the
Scheme shall also be available without the Scheme.
|
| 23. |
Taxes and
other levies imposed by any relevant applicable
government or tax authority, as well as other
costs including, insurance and incidental costs,
that may be levied or incurred on the Benefits
shall be fully borne by the selected Participants.
If Benefits involve physical goods to be imported
into India, applicable import duty will be payable
by the importer on record. |
| 24. |
Subject to
any applicable law (a) All warranties of any kind
whatsoever, whether express or implied, are hereby
expressly disclaimed by Microsoft including, but
not limited to, meeting of the Participant's
requirements or aspirations, timeliness, security,
the results or reliability of any scheme, or the
delivery, quality, quantity, merchantability,
fitness for use or non infringement in respect of
any goods, services, benefits or awards acquired
or obtained through the Scheme or any transactions
effected through the Scheme; (b) The Participant
expressly agrees that his/her participation in the
Scheme offered by Microsoft is at the
Participant's sole risk and is governed by the
Terms and Conditions herein; and(c) No advice or
information whether by representations, oral,
written or pictorial derived from the website or
through the Scheme shall be construed to mean the
giving of any warranty of any kind by Microsoft.
|
| 25. |
Nothing in
the Scheme shall affect any intellectual property
rights of Microsoft in any product or service,
which may be the subject matter of the Scheme.
|
| 26. |
All perpetual and worldwide
intellectual property rights, including any
copyright in the submissions or
feedback and the like by the
Participant shall be owned by Microsoft, its
parent company Microsoft Corporation, U.S. or its
Affiliates. Microsoft shall be entitled to exploit
the same in any manner whatsoever. |
| 27. |
The Scheme
shall be governed by and construed in accordance
with the laws of the State of Washington and
federal laws of the United States. Any dispute
arising out of or in connection with this Scheme
shall be referred to and finally resolved by
arbitration in Singapore in accordance with the
Arbitration Rules of the Singapore International
Arbitration Centre ("SIAC"), which rules are
deemed to be incorporated by reference into this
Scheme. The tribunal shall consist of one
arbitrator to be appointed by the Chairman of
SIAC. The language of the arbitration shall be
English. The decision of the arbitrator shall be
final, binding and incontestable and may be used
as a basis for judgment thereon in India or
elsewhere. This choice of jurisdiction and venue
does not prevent either party from seeking
injunctive relief with respect to a violation of
intellectual property rights or enforcement or
recognition of any award or order in any
appropriate jurisdiction. |
| 28. |
The Participant agrees and
undertakes to indemnify and keep Microsoft
including its affiliates, directors, officers,
partners, employees, consultants, agents etc.
harmless and indemnified against any loss, damage,
claims, costs and expenses including but not
limited to legal fees and other charges which may
be incurred or suffered by Microsoft due to breach
of any Terms and Conditions contained herein by
the Participant and/or infringement or violation
of any patent, copyright, trademark, trade secret
or other proprietary right of a third party by the
Participant and, or, arising from the
participation of the Participant in the Scheme.
|
| 29. |
In
addition to these Terms and Conditions, other
specific terms may be imposed by Microsoft any
time to deal with any unforeseen situation.
Microsoft also reserves the absolute right to
change the Terms and Conditions contained herein
and, or, any other rules and regulations in
respect of the Scheme at any time without any
notice, without assigning any reason and without
any liability whatsoever. Participants are
requested to refer to such other terms and
conditions, if any, which may be displayed on-line
or intimated separately as Microsoft considers
fit. However, no obligation is cast on Microsoft
to separately intimate each individual Participant
with regard to such additional terms and
conditions. |
| 30. |
Microsoft also reserves the right
to withdraw or discontinue with the Scheme at any
stage without any liability whatsoever to the
Participant and, or, anyone. |
| 31. |
An
'Affiliate' means any legal entity owned or
controlled by Microsoft, which owns or controls
Microsoft or which is under common ownership or
control with Microsoft. The term 'ownership' means
more than 50% direct or indirect
ownership/shareholding and the term 'control'
means direct or indirect control of the management
or the board of directors. |
| |
