Ed- vantage

Terms and Conditions

Following terms and conditions ("Terms and Conditions") shall apply to the Ed-vantage Program detailed below (the Program). 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, Singapore . 1. The Program shall be open from 15 October 2012 to 30 June 2014 (both days inclusive the Program Period). Notwithstanding the same, Microsoft can curtail, extend or modify the Program Period, as it deems necessary, without any prior notice to or approval from any party. The Program shall be valid in India only for the following: All customers that are private education institutions / colleges, providing graduation and above higher education in Academic segment in India shall be entitled to participate in this Program (Participant) and have met the below conditions. a. b. Have obtained all Open Volume and Academic licensing SKUs from genuine Microsoft source, and Have deployed Microsoft provided Office 365 (A2) SKU in Participants campus
th th

2.

Note: To be eligible in the Program, participant is not necessarily required to purchase any n ew Pro du cts o r S KUs identi fied i n this Pro gra m. The Pro gra m tra ck s el igibili ty o f the Participants from the criteria only. 3. This Program will apply to all Academic customers in India who are nongovernment owned and are for higher education. In the event if any of the Benefits were made available under this Program to any student or faculty of the Participant, then the Program Terms and Conditions were deemed to be accepted by the recipient of the Benefits. 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 Program. Each Participant must ensure that its participation in the Program is lawful and is in accordance with the applicable laws. No participation or other fee is required to be paid for participating in the Program. The winning Participants hereby waive all rights and grant to Microsoft or Microsoft Corporation US or its Affiliates a royalty-free, non-exclusive, perpetual worldwide license to copy, modify and otherwise use and distribute their submission entry and/or photo and/or any element of the submission, in any and all media and in any publication whether online, offline or on the Internet. Microsoft shall also be free to

4.

5.

6. 7.

use any ideas, concepts, photos, know-how or techniques contained in such submissions or materials for any purpose. 8. 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. Microsoft may assign any or all of its rights or obligations under these Terms and Conditions to its Affiliates without consent of the Participants. Participation in the Program 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, it does not use or sell any unauthorized or pirated Microsoft software. In the event, a Participant is found to be doing so (either during or subsequent to the Program Period), the entry of such Participant shall be immediately disqualified from the Program and cash equivalent of any Benefits awarded to the Participant under the Program shall become immediately due to Microsoft. Microsoft shall be entitled to deduct such amounts from any other amounts due to Participant under this Program or any other transaction. This does not restrict Microsoft and its Affiliates to initiate further legal actions, against the Participant, using other legal remedies available to them under applicable laws. The Microsoft officials engaged in the organization and management of the Program, 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 Program. Any attempt by a Participant to deliberately damage any website or undermine the legitimate operation of the Program is in 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.

9.

10.

11.

12.

13.

14.

Following will be the benefits (" Benefits") under the Program and their related additional terms & conditions
Industry Connections For Internships For Employment 250 students 100 students Microsoft Microsoft Other Benefits Academic Alliance Innovation Center Platinum level Invitation to annual faculty summit by Microsoft recognition + Listing On campus Microsoft Research Innovation Center on Microsoft leadership visit www.microsoft.com/ Gold level recognition + Listing on www.microsoft.com/ Silver level recognition NA Invitation to annual faculty summer camp at Microsoft

Benefit Level Platinum

Gold

100 students

50 students

Silver

10 students

10 students

NA

On campus hands on "technology / productivity foundation" workshop "How to leverage Microsoft" on campus session Dreakspark activitation keys to students Free O365 (A2) subscription to students

Basic

NA

NA

NA

NA

Notes on Benefits: 1. Students of the participating Participant must meet the criteria of Genuine Windows and relevant Microsoft certificate prior to receiving the Benefits, if any. 2. Industry connections Benefit is a Microsoft facilitated access to a web portal enabling eligible Students to explore internships and / or employment opportunities that are made available. The web portal may feature available internship and/or employment opportunities of participating companies. Microsoft do not guarantee of any specific internship and/or employment opportunity, either with Microsoft or any sponsoring company in the web portal. 3. Eligible Participants shall meet the "Microsoft Innovation Center" program guidelines to implement the MIC program in their campus.

Qualifying Criteria eligible for the Benefits: Participants may earn points basis the below criteria. These points will allow them for a certain level of Benefits basis the threshold table below.

Criteria Every 50 units 50 to 99 Units 100 units Number Criteria > 100 1 Windows OS 75 100 75 Campus Agreement 75 100 100 25% of earned points from criteria 2 2 + Renewal Bonus 50% of earned points from criteria 2 + True Up Bonus Microsoft Microsoft Office Specialist 25 50 35 3 25 50 35 Certifications Microsoft Technology Associate Criteria Number 3.1 10 to 19 units 20 Units Every 10 units > 20

Remarks Eligible Products installed on new or existing PC 1 unit is equivalent to 1 faculty declared For all agreements renewed For all agreements trued up Points allotted basis certificatations done per slab above

Criteria Remarks Microsoft Points allotted basis certificatations done per Microsoft Certified Professional 50 100 35 Certifications slab above + IT Academy Platform Bonus 100% of points earned from criteria 3 and 3.1 Basis IT Academy subscription

Additional details Participants eligibility for any level must have Genuine Windows OS. Participant shall adhere to the program guidelines of Campus Agreement and IT Academy. Details of application process o All applications must be addressed to the Microsoft Ed-vantage Program Cell. o Interested Participant may apply to participate in the Program either directly or through a Microsoft appointed Academic Education Reseller. The invitation to participate from Microsoft will be valid for 60 days only. Not more than 2 invitations per financial year during the Program Period. o This nomination shall be approved by a Microsoft Partner Account Manager before the invitation is extended to the specific Participant. o Participants are free to apply to participate in any level. o Participant must declare eligible points at the time of application for the desired level to participate along with the necessary supporting documentation. However, final Benefits are provided subject to attainment of the prescribed points in that level. Participants applying for Gold & Platinum levels, must issue a letter (pre-approved by Microsoft) to its students propagating Value of Genuine. Once a level is awarded to a Participant, the validity of that level will be for one year from start date of Campus Agreement or application confirmation, whichever is earlier. Microsoft program cell will intimate eligible Participant on expiry of their level and extend a fresh invitation.

Threshold Table Benefit Level Platinum Gold Silver Basic Points >1500 >650 >250 NA

Note: a) b) c) Eligibility of the Participant(s) will be evaluated by Microsoft basis Microsofts internal sales systems. Microsoft reserves the right to offer an alternative Benefit without prior written notice and decide to withdraw the present Benefits. All queries pertaining to Points should be directed to: Program Cell: Microsoft Ed-vantage Program Cell Microsoft Corp (India) Private Limited th 4 floor, Indus Tower, Road No 36, Jubilee Hills, Hyderabad 500033 Email ID- edvantag@microsoft.com d) Benefits under the Program cannot be transferred or clubbed by a Participant with any other Participant under the Program.

19.

For the calculation of Benefits, only the parent organization of a Participant would be considered. Purchase of Eligible Products by affiliates, subsidiaries or group companies of Participants would not be counted or eligible to be redeemed under this Program. The Participant shall not be eligible to obtain Benefits under the Program if the Participant has obtained or is eligible to obtain similar benefits under any other Program pertaining to the Eligible Product. Microsoft will use its internal sales systems to track performance, the value of license purchased and to verify the claims. There will be a standard conversion rate from rupee to dollar to track actual sales in such Microsofts internal sales system and the same shall be used with regard to this Program. Decision taken by Microsoft on the claims shall be final and binding and not subject to any dispute or challenge. Microsoft reserves the right to demand return of the Benefits or adjust the amount of such Benefits given by Microsoft to Participant under the Program from any moneys owed to Microsoft by such Participant in case Eligible Product obtained during the Program Period are returned to Microsoft and/ or Microsoft does not receive the fees for such Eligible Products. The selected Participant(s) shall have thirty (30) days from date of notification of their selection to collect the Benefits from 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. 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 or Microsoft Corporation U.S. 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 Program, all Participants hereby agree to the same. Microsoft may, at its discretion, choose not to disclose the identity of the selected Participant to other Participants. Benefits shall be awarded in the name of the Participant or its employees incase Participant confirms their names within fifteen (15) days from date of notification of their selection to collect the Benefits from the notified place. These Benefits shall neither be transferable nor exchangeable for cash or otherwise. Mere participation in the Program shall not entitle a Participant to the Benefits. Except as mentioned herein, no other person or agent can claim the Benefits on behalf of the Participant. In the event the Benefits involve manufactured items, these shall be subject to manufacturer's terms and conditions for warranty, service and maintenance, and Microsoft does not accept any responsibility for the same. Where the Benefits under the Program are items/goods, these shall be subject to availability. Microsoft at its discretion can provide alternate items of equivalent value.

20.

21.

22.

23.

24.

25.

26.

27.

28.

Pictures of the items/goods shown in the Program brochure may differ from the actual items/goods given. 29. In the event Benefits involve travel, the selected Participant or its employee who has been issued such Benefit upon the confirmation of the Participant shall be obliged to sign a Travel Liability and Publicity Release form as provided by Microsoft and shall be responsible for procuring and paying the cost of all the legal documents and procedures in order to travel, including passports, visas, taxes and any other documents. All travel arrangements relating to the Benefits are subject to availability, as determined in Microsoft's sole discretion. Only stay and breakfast will be covered. The Participant needs to pay for hotel services like laundry, spa, telephone, etc. availed during his /her stay.. Any Microsoft Product under the Program shall also be available without the Program. 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.

30. 31.

32.

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 Program, 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 Program or any transactions effected through the Program; (b) The Participant expressly agrees that his/her participation in the Program 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 Program shall be construed to mean the giving of any warranty of any kind by Microsoft. Nothing in the Program shall affect any intellectual property rights of Microsoft or its Affiliates in any product or service, which may be the subject matter of the Program. 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 Program shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with this Program 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 Program. 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

33.

34.

35.

seeking injunctive relief with respect to a violation of intellectual property rights or enforcement or recognition of arbitration award or order in any appropriate jurisdiction. 36. 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 Program. 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 Program 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 Program at any stage without any liability whatsoever to the Participant and/or, anyone else. An 'Affiliate' means any legal entity owned or controlled by Microsoft, or which owns or controls Microsoft or which is under common ownership or control of the entity which owns or controls 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.

37.

38.

39.