Following
terms and conditions (the "Terms and
Conditions") shall apply to the "Server
Splendour 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.
- The Scheme shall run from May 25, 2009 to
June 24, 2009 ("the Scheme Period"). Microsoft
can curtail or extend the Scheme Period, as it
deems necessary.
- The Scheme shall be valid in India only.
- 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
exceed 500 PCs, and (d) obtain the following
Eligible Products under new
Open License (License, License plus Software
Assurance) and new Open Value License from
any reseller during the Scheme
Period:
Following are the Eligible
Products under new Open License (License,
License plus Software Assurance) and new Open
Value License :
| Part
Number |
Part
Description |
| P73-04190
|
Windows
Svr Std 2008 Sngl OLP NL |
| R18-02729
|
Windows
Server Client Access License (CAL) 2008 Sngl OLP
NL Device CAL |
| P72-00321
|
Windows
Svr Ent Sngl Lic/SA Pack OLP NL |
| P72-03195
|
Windows
Svr Ent 2008 Sngl OLP NL |
| P73-00352
|
Windows
Svr Std Sngl Lic/SA Pack OLP NL |
| R18-00143
|
Windows
Server CAL Sngl Lic/SA Pack OLP NL User CAL
|
| R18-00144
|
Windows
Server CAL Sngl Lic/SA Pack OLP NL Device CAL
|
| R18-02709
|
Windows
Server CAL 2008 Sngl OLP NL User CAL |
| P72-01275
|
Windows
Svr Ent Sngl Lic/SA Pack OLV NL 3YR Acq Y1 Addtl
Prod |
| P72-01276
|
Windows
Svr Ent Sngl Lic/SA Pack OLV NL 2YR Acq Y2 Addtl
Prod |
| P72-01277
|
Windows
Svr Ent Sngl Lic/SA Pack OLV NL 1YR Acq Y1 Addtl
Prod |
| P72-01278
|
Windows
Svr Ent Sngl Lic/SA Pack OLV NL 1YR Acq Y2 Addtl
Prod |
| P72-01279
|
Windows
Svr Ent Sngl Lic/SA Pack OLV NL 1YR Acq Y3 Addtl
Prod |
| P73-01418
|
Windows
Svr Std Sngl Lic/SA Pack OLV NL 3YR Acq Y1 Addtl
Prod |
| P73-01419
|
Windows
Svr Std Sngl Lic/SA Pack OLV NL 2YR Acq Y2 Addtl
Prod |
| P73-01420
|
Windows
Svr Std Sngl Lic/SA Pack OLV NL 1YR Acq Y1 Addtl
Prod |
| P73-01421
|
Windows
Svr Std Sngl Lic/SA Pack OLV NL 1YR Acq Y2 Addtl
Prod |
| P73-01422
|
Windows
Svr Std Sngl Lic/SA Pack OLV NL 1YR Acq Y3 Addtl
Prod |
| R18-01848
|
Windows
Server CAL Sngl Lic/SA OLVNL 3YRAcqY1 AddPrd
DeviceCAL |
| R18-01849
|
Windows
Server CAL Sngl Lic/SA OLVNL 2YRAcqY2 AddPrd
DeviceCAL |
| R18-01850
|
Windows
Server CAL Sngl Lic/SA OLVNL 1YRAcqY1 AddPrd
DeviceCAL |
| R18-01851
|
Windows
Server CAL Sngl Lic/SA OLVNL 1YRAcqY2 AddPrd
DeviceCAL |
| R18-01852
|
Windows
Server CAL Sngl Lic/SA OLVNL 1YRAcqY3 AddPrd
DeviceCAL |
| R18-01853
|
Windows
Server CAL Sngl Lic/SA OLVNL 3YRAcqY1 AddPrd
UserCAL |
| R18-01854
|
Windows
Server CAL Sngl Lic/SA OLVNL 2YRAcqY2 AddPrd
UserCAL |
| R18-01855
|
Windows
Server CAL Sngl Lic/SA OLVNL 1YRAcqY1 AddPrd
UserCAL |
| R18-01856
|
Windows
Server CAL Sngl Lic/SA OLVNL 1YRAcqY2 AddPrd
UserCAL |
| R18-01857
|
Windows
Server CAL Sngl Lic/SA OLVNL 1YRAcqY3 AddPrd
UserCAL |
| |
|
- 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.
- Each Participant must ensure that his/her
participation in the Scheme is lawful and is in
accordance with the applicable laws.
- No participation or other fee is required to
be paid for participating in the Scheme.
- The Participant agrees to provide Microsoft
current, complete and accurate information.
- An incomplete entry form or on-line
registration by a Participant is liable to be
rejected. Any decision taken by Microsoft
for rejecting any entry shall be final and
binding and not subject to any dispute or
challenge.
- Microsoft does not make any commitment,
express or implied, to respond to any feedback,
suggestion and, or, queries of the Participants
or furnish any reasons or explanation at any
stage of the Scheme.
- Microsoft may assign any or all of its
rights under these Terms and Conditions to its
Affiliates without consent of the Participants.
- 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.
- 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.
- 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.
- 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.
- Following will be the benefits
("Benefits") under the
Scheme:
Participants obtaining
Eligible Products under new Open License,
License plus Software Assurance (L+SA) and New
Open Value (NL only)
Under Open L, L+SA
(NL Level)
| No. of
Eligible Products |
Benefit |
Purchase 1 to 25 Windows Server
2008
Standard Licenses |
Get 15% discount on the estimated
retail price of the Eligible Product
|
Purchase 1 to 25 Windows Server
2008
Enterprise Licenses |
Purchase 1 to 200 Windows Server
2008
Client Access Licenses (Device/ User)
|
Under Open
Value (NL Level)
| Eligible
Product |
Benefit |
| Purchase 1 to 10 Windows Server
2008 Standard Licenses |
Get 15% discount on the estimated
retail price of the Eligible Product
|
| Purchase 1 to 10 Windows Server
2008 Enterprise Licenses |
| Purchase 5 to 149 Windows Server
Device/Users Client Access Licenses
|
- 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.
- 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.
- The decision on the Participants selected by
Microsoft shall be final and binding and no
correspondence or communication shall be
entertained in this regard.
- 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.
- 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.
- Any Microsoft Product under the Scheme shall
also be available without the Scheme.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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