Terms and Conditions

Following terms and conditions (the "Terms and Conditions") shall apply to the "No Better Time for Project & Visio" 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, Singapore:

  1. The Scheme shall run from December 1st to December 24th 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 obtain Microsoft Office Project Standard 2007 or Microsoft Office Project Professional 2007 or Microsoft Office Visio Standard 2007 or Microsoft Office Visio Professional licenses 2007 ("Eligible Products", as detailed herein below) under new Microsoft Open Value Licensing programs and Open Value within the Scheme Period.

    Eligible Products:

    Part NO Description
    076-03395Prjct SNGL LicSAPk OLV NL 1Y AqY1 AP
    076-03396Prjct SNGL LicSAPk OLV NL 1Y AqY2 AP
    076-03397Prjct SNGL LicSAPk OLV NL 1Y AqY3 AP
    076-03398Prjct SNGL LicSAPk OLV NL 2Y AqY2 AP
    076-03399Prjct SNGL LicSAPk OLV NL 3Y AqY1 AP
    D86-02423VisioStd SNGL LicSAPk OLV NL 1Y AqY1 AP
    D86-02424VisioStd SNGL LicSAPk OLV NL 1Y AqY2 AP
    D86-02425VisioStd SNGL LicSAPk OLV NL 1Y AqY3 AP
    D86-02426VisioStd SNGL LicSAPk OLV NL 2Y AqY2 AP
    D86-02427VisioStd SNGL LicSAPk OLV NL 3Y AqY1 AP
    D87-02394VisioPro SNGL LicSAPk OLV NL 1Y AqY1 AP
    D87-02395VisioPro SNGL LicSAPk OLV NL 1Y AqY2 AP
    D87-02396VisioPro SNGL LicSAPk OLV NL 1Y AqY3 AP
    D87-02397VisioPro SNGL LicSAPk OLV NL 2Y AqY2 AP
    D87-02398VisioPro SNGL LicSAPk OLV NL 3Y AqY1 AP
    H30-01386PrjctPro SNGL LicSAPk OLV NL 1Y AqY1 AP w1PrjctSvrCAL
    H30-01387PrjctPro SNGL LicSAPk OLV NL 1Y AqY2 AP w1PrjctSvrCAL
    H30-01388PrjctPro SNGL LicSAPk OLV NL 1Y AqY3 AP w1PrjctSvrCAL
    H30-01389PrjctPro SNGL LicSAPk OLV NL 2Y AqY2 AP w1PrjctSvrCAL
    H30-01390PrjctPro SNGL LicSAPk OLV NL 3Y AqY1 AP w1PrjctSvrCAL
    D87-03094VisioPro 2007 SNGL OLP NL
    H30-02022PrjctPro 2007 SNGL OLP NL w1PrjctSvrCAL
    076-03968Prjct 2007 SNGL OLP NL
    D86-02969VisioStd 2007 SNGL OLP NL


  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. Microsoft shall not be responsible for any postal delays, transit losses or mutilation of entry forms.

  7. No participation or other fee is required to be paid for participating in the Scheme.

  8. The Participant agrees to provide Microsoft current, complete and accurate information.

  9. 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.

  10. 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.

  11. Microsoft may assign any or all of its rights under these Terms and Conditions to its Affiliates without consent of the Participants.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. Following will be the benefits ("Benefits") under the Scheme:

    Every Participant who obtains minimum 5 and maximum 250 units of an Eligible Product can avail a 20% discount on the estimated retail price of that Eligible Product under Open Value Licensing program.

    Every Participant who obtains minimum 1 and maximum 200 units of an Eligible Product can avail a 15% discount on the estimated retail price of that Eligible Product under Open licensing program.

  17. Benefits shall neither be transferable nor exchangeable for cash or otherwise. Mere participation in the Scheme shall not entitle a Participant to the Benefits. No other person or agent can claim the Benefits on behalf of the Participant.


  18. Any Microsoft Product under the Scheme shall also be available without the Scheme. Proportional discount is available on the standalone application contained within the Eligible Products.

  19. 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.

  20. 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.

  21. 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.

  22. 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.

  23. 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.

  24. 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.

  25. 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.

  26. 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.

  27. 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.