Microsoft SQL Server 2005 Partner Subsidy Promotion Terms & Conditions

This offer for a partner subsidy is available only to organizations which purchase licenses with Software Assurance (L&SA) for a minimum of either: (a) one (1) qualifying license of SQL Server 2005* under the per processor licensing model, or (b) one (1) qualifying SQL Server 2005* license and five (5) SQL Server 2005 Client Access Licenses (User or Device)** under the Server plus device/user Client Access Licenses (CALs) model through the Microsoft Open License Business, Open License Value or Government Open License Programs ("Qualifying Organizations"). Nothing in these terms & conditions guarantees that an organization will meet the eligibility requirements for enrollment and/or renewal in the Microsoft Open License program.  This offer is for partner subsidy dollars which can be applied only to services and products purchased by qualifying organizations from Microsoft partners.

* Qualifying SQL Server 2005 products for this offer include:

Server plus device/user Client Access Licenses model

• SQL Server Standard 2005
• SQL Server Standard Edition x64
• SQL Server Enterprise 2005
• SQL Server Enterprise 2005x64

Per processor licensing model

• SQL Server Standard 2005 1 Processor
• SQL Server Standard Edition x64 1 Processor
• SQL Server Enterprise 2005 1 Processor
• SQL Server Enterprise 2005x64 1 Processor

**SQL Server 2005 Client Access Licenses

• User/Device Client Access Licenses (CALs) of SQL Server 2005 Standard Edition
• User/Device Client Access Licenses (CALs) of SQL Server 2005 Enterprise Edition

Redemption Requirements and Limits

This offer is good for purchases made from August 1, 2007 through January 31, 2008 or for the first 7,500 licenses purchased by all Qualifying Organizations during this time period, whichever comes first. Please check http://www.microsoftincentives.com/sqlpromo for offer availability before purchasing.  Microsoft reserves the right to extend the time period or increase the number of licenses available for this offer in its sole discretion.

Qualifying organizations include commercial and government customers.  Academic customers are not eligible for this promotion. 

Each qualifying organization is eligible for partner subsidies on ten (10) licenses (listed above), up to a maximum of $55,000 in total partner subsidy dollars for all qualifying licenses with Software Assurance purchased.

Qualifying Organizations must successfully register to receive the partner subsidy based on their purchase at http://www.microsoftincentives.com/sqlpromo by 5:00pm PST by February 29, 2008. A "redemption" is defined as completing a single registration on the foregoing Web site.  There is a limit of one (1) redemption per customer.

"Customer" means an entity receiving the redemption and all its affiliates.  "Affiliate" means (a) for commercial entities, any legal entity that owns, is owned by, or that is under common ownership with Customer (ownership means control of more than a 50% interest) and (b) for government customers (i) any bureau, office, agency, or department of the US Government; (ii) any government agency, department, instrumentality, division, unit or other office of a US State or an entity that is supervised by or is part of a US State;  or (iii) any county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of a US state and located within the state’s jurisdiction and geographic boundaries; and any other entity in a US State expressly authorized by the laws of such state to purchase under state contracts.

Failure to register to receive the partner subsidy by 5:00pm PST on February 29, 2008 forfeits a Qualifying Organization’s right to receive any partner subsidy dollars from this promotion.

Purchase Time Period: August 1, 2007 through January 31, 2008

Redemption Time Period: On or before February 29, 2008

Subject to the above-stated quantity limitation.

Qualifying Organizations Will Receive

Qualifying Organizations will receive partner subsidy dollars for each qualifying SQL Server product license with Software Assurance purchased for up to ten (10) licenses, as outlined in the following schedule:

¹Purchased licenses with Software Assurance (L&SA) will receive the stated USD partner subsidy per license above.  The partner subsidy amount per license will not be pro-rated based on the number of years remaining on the license agreement.

License Exclusions:

The partner subsidy is not valid in conjunction with purchases of the following licenses:

• Any Software Assurance ("SA") only purchase
• Any purchase not executed through a Microsoft Open License Program
• Not-For-Resale products
• Microsoft software pre-installed or supplied by an Original Equipment Manufacturer
• Academic Edition ("AE") products
• Software acquired through charity pricing, TechNet or MSDN® Subscriptions
• Upgrade licenses (if available)

Funds Utilization

Funds allocated as part of this promotion must be used to pay for purchases of services or products provided by a partner who is a member of the Microsoft Partner Program and who is selected by the Qualifying Organization ("Selected Partner"). Partners can be selected at: http://www.microsoftincentives.com/sqlpromo

Funds Utilization Exclusions

Each partner services subsidy check will expire within ninety (90) days of its issue date.  Partner subsidies are NOT to be given to a partner as a credit (i.e. on account) to pay for future services that begin after the ninety (90) day expiration date of the check; the partner must begin services before the ninety (90) day expiration date.

Qualifying Organizations may not receive a cash payout from the Selected Partner for any portion of the partner subsidy amount.

Proof of Services

Microsoft reserves the right to request proof of purchase for services or products (e.g. statement of work and/or invoice) from Qualifying Organizations to verify purchase of appropriate services or product from a Selected Partner.  Microsoft also has the right to contact the Selected Partner to verify information about the product purchases or services provided.

Partner Subsidy Payment Information

A partner subsidy check will be delivered to the Qualifying Organization within eight weeks of the date of redemption.  The partner subsidy check will be made out to the Selected Partner for delivery by the Qualifying Organization to the Selected Partner upon (1) completion of the Selected Partner services,  or ( 2) purchase of products from the Selected Partner.

The receipt of benefits is contingent upon successful verification that all of the criteria in these terms and conditions have been met.

Returns

Qualifying Organizations that redeem licenses for this promotion and return such redeemed licenses will be subject to reimbursing Microsoft for the partner subsidy paid based on the dollars paid out per license returned. 

Country

Offer good in the 50 United States, the District of Columbia, and all U.S. military bases that contain valid APO/FPO addresses only. Offer not valid in U.S. Territories including Puerto Rico, U.S. Virgin Islands, and Guam, or Canada. Offer void where prohibited, taxed, or restricted by law.

Limitation of Liability

Qualifying Organizations are responsible for contracting directly with their Selected Partner for these products or services and for submitting the subsidy check to the Selected Partner.  The Selected Partner does not represent or act as an agent for Microsoft.  IN NO EVENT SHALL MICROSOFT HAVE ANY OBLIGATION OR LIABILITY WHATSOEVER RELATING TO THE PRODUCTS OR SERVICES PROVIDED BY THE SELECTED PARTNER UNDER THIS PROMOTION.

DISCLAIMER FOR GOVERNMENT CUSTOMERS

IT IS MICROSOFT’S INTENT THAT THE PROMOTIONAL OFFER SET FORTH HEREIN (INCLUDING BUT NOT LIMITED TO TRAINING, PRODUCTS, OR OTHER SERVICES RENDERED BY MICROSOFT PARTNERS) COMPLIES WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL GOVERNMENT GIFT AND ETHICS RULES. IF YOU ARE A GOVERNMENT EMPLOYEE (INCLUDING AN EMPLOYEE OF A PUBLIC EDUCATION INSTITUTION), THIS PROMOTIONAL OFFER MAY BE USED FOR AGENCY/INSTITUTION PURPOSES ONLY, SOLELY FOR THE BENEFIT OF YOUR AGENCY/INSTITUTION, AND NOT FOR THE PERSONAL USE OR BENEFIT OF ANY INDIVIDUAL. YOU SHOULD CONSULT WITH YOUR AGENCY/INSTITUTION COUNSEL OR ETHICS OFFICER PRIOR TO ANY PARTICIPATION/USE/REDEMPTION OF THIS PROMOTIONAL OFFER, AND ADVISE US IN WRITING OF ANY RESTRICTIONS ON YOUR PARTICIPATION IN THE PROMOTIONAL OFFERING. 

Questions/Offer Support

If you are a Microsoft partner and would like to learn more about partner opportunities at Microsoft visit http://members.microsoft.com/partner/default.aspx.

For qualification and redemption questions please contact sqlpromosupport@microsoftincentives.com  or (800) 735-5232. Customer support is available from 8:00 AM – 5:00 PM (CST).