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TERMS AND CONDITIONS

Last Updated: 02 February 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REDEEMING DIGITAL
CONTENT

 1.  TERMS USED IN THIS AGREEMENT
 2.  AVAILABILITY
 3.  USING THE SKILLPIPE AND THE REDEMPTION CODE
 4.  DIGITAL CONTENT
 5.  RISK AND TITLE
 6.  PERSONAL DATA
 7.  OUR LIABILITY
 8.  INTELLECTUAL PROPERTY
 9.  WRITTEN COMMUNICATIONS AND NOTICES
 10. TRANSFER OF RIGHTS AND OBLIGATIONS
 11. EVENTS OUTSIDE OUR CONTROL
 12. VIRUSES, HACKING AND OTHER OFFENCES
 13. COMPLIANCE WITH LAWS AND RESERVATION OF RIGHTS
 14. EXPORT REGULATIONS
 15. TERMINATION
 16. WAIVER
 17. SEVERABILITY
 18. ENTIRE AGREEMENT
 19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
 20. LAW AND JURISDICTION
 21. LANGUAGE


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REDEEMING DIGITAL
CONTENT

www.skillpipe.com is a website operated by Arvato Supply Chain Solutions SE,
whose registered office is Reinhard-Mohn-Str. 22, 33333 Gütersloh, Germany,
Commercial Register: Amtsgericht Gütersloh HRB 11370. We have been appointed by
Microsoft and other Publishers as an authorized service provider in the
distribution of the Digital Content. Our VAT number is DE319051807.

This page (together with the documents referred to on it) tells you the terms
and conditions on which you may use skillpipe and on which you may redeem any of
the Digital Content which you have purchased from a Vendor. Please read these
terms and conditions carefully before accessing any Digital Content from
skillpipe. You should understand that by using skillpipe, you agree to be bound
by these terms and conditions.

Please accept these terms and conditions when registering the first time for
skillpipe. Please understand that if you refuse to accept these terms and
conditions at your registration, we will not be able to provide you with access
to skillpipe and you will not be able to redeem any Digital Content.

You should print a copy of these terms and conditions for future reference.


1. TERMS USED IN THIS AGREEMENT

In this agreement the following terms shall mean:

 * ’Arvato’, ’we’ or ’us’ means Arvato Supply Chain Solutions SE, its employees,
   subcontractors and/or other companies which are appointed by Arvato to
   provide services in relation to skillpipe operated by Arvato;
 * ’Digital Content’ or ‘E-book’ means a publication in digital form, consisting
   of text, images, or both, readable on computers, mobile phones, E-book
   readers or other electronic devices (‘Reading Devices’).
 * ’Publisher’ means Microsoft Inc. or any of its affiliated companies offering
   Digital Content as well as third parties that have been approved by Microsoft
   as publishers of Digital Content and who have licensed the Training Center.
 * ’EULA’ means the end user license agreement applicable to you when accessing
   and using an E-book or Digital Content
 * ’skillpipe’ means the reader platform provided by Arvato where E-books or
   Digital Content can be accessed or downloaded to a Reading Device by using a
   Redemption Code subject to the terms and conditions applying to skillpipe and
   after registration at the platform;
 * ’Redemption Code’ means a product activation code which can be used by you
   and/or your customers for the release and activation of an individual copy of
   an encrypted digital product such as an E-book or Digital Content including
   its license terms on skillpipe;
 * ’Training Center’ means the person or entity that provided you with the
   Redemption Code for the Digital Content or E-book.
 * ’Service’ means the provision of Digital Content and support and other
   services that we provide to you on skillpipe.


2. AVAILABILITY

 * 2.1 For security reasons, access to skillpipe and reclaiming Electronic
   Content with the Redemption Code is possible only through the personal and
   protected account area when you are logged into skillpipe using a dedicated
   username and password.
 * 2.2 By using skillpipe and redeeming any E-Book or Digital Content from
   skillpipe, you warrant that:
 * 2.2.1 You have been made aware of by your Training Center and are bound by
   the EULA applicable to the Digital Content or E-Book that you are redeeming.
 * 2.2.2 you will not alter or remove any copyright or other protective notices
   contained in the Licensed Content,
 * 2.3 Access to skillpipe is permitted on a temporary basis, and we reserve the
   right to withdraw or amend the service we provide via skillpipe without
   notice. You are responsible for making all technical and organizational
   arrangements necessary for you to have access to skillpipe. We will not be
   liable to you if for any reason skillpipe is temporarily unavailable at any
   time or for any period.
 * 2.4 From time to time, we may restrict access to some or all parts of
   skillpipe.
 * 2.3 When accessing skillpipe for the first time you will be asked to open an
   account including user name, password or any other piece of information as
   part of our security procedures. You must treat such information as
   confidential, and you must not disclose it to any third party. We have the
   right to disable any user name and/or password, whether chosen by you or
   allocated by us, at any time, if in our reasonable opinion you have failed to
   comply with any of the provisions of these terms of use.


3. USING THE SKILLPIPE AND THE REDEMPTION CODE

 * 3.1 To use skillpipe you need to register www.skillpipe.com and log in to the
   site using a username and password which you create on this site before your
   first login.
 * 3.2 To redeem Digital Content or E-books simply follow the instructions on
   the screen. You will need to have your Redemption Code at hand.


4. DIGITAL CONTENT

 * 4.1 We deliver E-books to you by providing you with a Redemption Code. Once
   the Redemption Code provided by you has been verified, the Digital Content
   will be delivered to you by electronic transfer.
 * 4.2 The Redemption Code you have been provided with will be available for
   activation on skillpipe for a limited period of three months after which the
   relevant Redemption Code will be deactivated. Please refer to your Training
   Center for further details of such expiry date. Once you have registered and
   logged in at the Platform Reader and have claimed an E-Book using the
   Redemption Code, such E-book can be transferred by you to a Reading Device by
   way of download or accessed online, both at a maximum of three different
   Reading Devices for simultaneous use. Online access will be available during
   six months from the time the Redemption Code has been used for the first time
   to activate access to an E-book. You may also print an E-Book that is still
   accessible any time from the downloaded version or when accessing the E-book
   online.
 * 4.3 Use of Digital Content: Upon your download or access of Digital Content
   and subject to your payment of any applicable fees (including applicable
   taxes), the Training Center grants you a non-exclusive right to view, use,
   and display such Digital Content, on your Reading Device or as otherwise
   permitted as part of the service, for access on a maximum of three Reading
   Devices simultaneously, and solely for your personal use. Digital Content is
   licensed, not sold, to you by the Training Center. The Training Center may
   include additional terms for use within its Digital Content such as the EULA.
   Those terms will also apply, but this Agreement will govern the relationship
   between you and Arvato in the event of a conflict.
 * 4.4 Limitations: Unless specifically indicated otherwise, you may not
 * copy, install, sell, rent, lease or lend, distribute, broadcast, publicly
   display, sublicense, or otherwise assign any rights to the Digital Content or
   any portion of it to any third party,
 * remove or modify any proprietary notices or labels on the Digital Content,
 * bypass, modify, defeat, or circumvent security features that protect the
   Digital Content.
 * adapt, link to, post, publish, transmit, publish, rent, lease or lend the
   Licensed Content, or
 * reverse engineer, decompile, remove or otherwise thwart any protections or
   disassemble the Licensed Content except and only to the extent that
   applicable law expressly permits, despite this limitation.


5. RISK AND TITLE

The Digital Content will be at your risk from the time of delivery.


6. PERSONAL DATA

Personal details provided to Arvato through this website will only be used in
accordance with our Privacy Statement. By using skillpipe, you consent to such
processing of your personal data and you warrant that all data provided by you
is accurate. Please read our Privacy Policy carefully.


7. OUR LIABILITY

 * 7.1 Arvato is a service provider only and in no case provides any warranties
   with respect to the quality or fitness for purpose of the Digital Content or
   E-Books you may redeem from skillpipe.
 * 7.2 Please refer to your Training Center with respect to any questions you
   may have regarding product specifications and system requirements required to
   activate and operate Digital Content or E-Books that you have been provided
   by them. We cannot ascertain whether the Digital Content is virus free or
   whether your computer or Reading Device fulfils the system requirements and
   we therefore assume no responsibility or liability for the functionality of
   your computer system after a Digital Content or E-Book has been accessed or
   installed.
 * 7.3 skillpipe is provided ‘as is’. Whilst we have taken every care in the
   preparation of the content of skillpipe we cannot guarantee that it is
   accurate or error-free. We will not be responsible for any errors or
   omissions or for any technical difficulties you may experience with
   skillpipe. Except as set out in this condition 7, all conditions, warranties
   and representations, expressed or implied by statute, common law or
   otherwise, in relation to the supply, non supply or delay in supplying the
   Digital Content are excluded to the extent permitted by law.
 * 7.4 Where skillpipe contains links to other sites and resources provided by
   third parties, these links are provided for your information only. We do not
   identify ourselves with the content of such sites and resources have no
   control over the contents of those sites or resources, and accept no
   responsibility for them or for any loss or damage that may arise from your
   use of them.
 * 7.5 We will only be liable for losses which are foreseeable to both you and
   to us as a consequence of us breaching these terms and conditions, except as
   provided by mandatory law. We will not be responsible for any commercial or
   business losses (including without limit loss of goodwill, profits,
   contracts, anticipated savings, data, or wasted expenditure) or any other
   indirect or consequential loss that was not reasonably foreseeable to both
   you and us at the time our contract was formed, or at the time you began
   using skillpipe. We shall not be liable to any person for any loss or damage
   which may arise from the use or misuse of skillpipe or any of the materials
   on skillpipe (including loss of revenue, profits, contracts, anticipated
   savings, wasted expenditure, data or goodwill).
 * 7.6 This does not include or limit in any way our liability:
 * 7.6.1 for death or personal injury caused by our negligence;
 * 7.6.2 for fraud or fraudulent misrepresentation; or
 * 7.6.3 for gross negligence or intent; or
 * 7.6.4for any matter for which it would be illegal for us to exclude, or
   attempt to exclude, our liability.


8. INTELLECTUAL PROPERTY

 * 8.1 Digital Content offered in skillpipe are the intellectual property of
   Microsoft or of any other Publisher. When activating the download of Digital
   Content to a Reading Device or accessing Digital Content on skillpipe you
   declare that you accept the respective EULA and other terms and conditions
   bundled with the Digital Content. You can view the terms and conditions of
   the respective EULA in the FAQ section. You may not remove any copyright,
   trademark or intellectual property notices contained which forms part of any
   Digital Content.
 * 8.2 We are the owner or the licensee of all intellectual property rights in
   skillpipe. Those works are protected by copyright, trade mark, database
   rights and other such intellectual property laws and treaties around the
   world. All such rights are reserved.
 * 8.3 If you print off, copy or download any part of skillpipe in breach of
   these terms of use, your right to use skillpipe will cease immediately and
   you must, at our option, return or destroy any copies of the materials you
   have made.
 * 8.4 Using skillpipe does not give you permission to link to it or to use any
   of the trade marks, designs, get-up and/or logos contained within it.
 * 8.5 skillpipe and all logos on the Site are business names and marks which
   are the property of Arvato Supply Chain Solutions SE or Microsoft Inc. or
   third parties.


9. WRITTEN COMMUNICATIONS AND NOTICES

 * 9.1 Applicable laws require that some of the information or communications we
   send to you should be in writing. When using skillpipe, you accept that
   communication with us will be mainly electronic. We will contact you by
   e-mail or provide you with information by posting notices in skillpipe or the
   account area. For contractual purposes, you agree to this electronic means of
   communication and you acknowledge that all contracts, notices, information
   and other communications that we provide to you electronically comply with
   any legal requirement that such communications be in writing.
 * 9.2 All notices given by you to us must be given to Arvato Supply Chain
   Solutions SE at Reinhard-Mohn-Str. 22, 33333 Gütersloh, Germany or by email
   to courseware@arvato-scs.com. We may give notice to you at either the e-mail
   or postal address you provide to us when placing an order, the email address
   associated with your Microsoft Partner Network account, or in any of the ways
   specified in clause 9.1 above. Notice will be deemed received and properly
   served immediately when posted in skillpipe, 24 hours after an e-mail is
   sent, or five days after the date of posting of any letter. In proving the
   service of any notice, it will be sufficient to prove, in the case of a
   letter, that such letter was properly addressed, stamped and placed in the
   post and, in the case of an e-mail that such e-mail was sent to the specified
   e-mail address of the addressee.


10. TRANSFER OF RIGHTS AND OBLIGATIONS

 * 10.1 The Contract between you and us is binding on you and us and on our
   respective successors and assigns.
 * 10.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a
   Contract, or any of our rights or obligations arising under it, at any time
   during the term of the Contract.


11. EVENTS OUTSIDE OUR CONTROL

 * 11.1 We will not be liable or responsible for any failure to perform, or
   delay in performance of, any of our obligations under a Contract that is
   caused by events outside our reasonable control (a ’Force Majeure Event’).
 * 11.2 A Force Majeure Event includes any act, event, non-happening, omission
   or accident beyond our reasonable control and includes in particular (without
   limitation) the following:
 * 11.2.1 strikes, lock-outs or other industrial action.
 * 11.2.2 civil commotion, riot, invasion, terrorist attack or threat of
   terrorist attack, war (whether declared or not) or threat or preparation for
   war.
 * 11.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or
   other natural disaster.
 * 11.2.4 impossibility of the use of railways, shipping, aircraft, motor
   transport or other means of public or private transport.
 * 11.2.5 impossibility of the use of public or private telecommunications
   networks.
 * 11.2.6 the acts, decrees, legislation, regulations or restrictions of any
   government.
 * 11.3 Our performance under any Contract is deemed to be suspended for the
   period that the Force Majeure Event continues, and we will have an extension
   of time for performance for the duration of that period. We will use our
   reasonable endeavors to bring the Force Majeure Event to a close or to find a
   solution by which our obligations under the Contract may be performed despite
   the Force Majeure Event.


12. VIRUSES, HACKING AND OTHER OFFENCES

 * 12.1 You must not misuse skillpipe or the Service by knowingly introducing
   viruses, trojans, worms, logic bombs or other material which is malicious or
   technologically harmful. You must not attempt to gain unauthorized access to
   skillpipe or its content, the server on which skillpipe or the Service is
   stored or any server, computer or database connected to skillpipe. You must
   not attack skillpipe or the Service via a denial-of-service attack or a
   distributed denial-of-service attack.
 * 12.2 By breaching this provision, you would commit a criminal offence. We may
   report any such breach to the relevant law enforcement authorities and we
   will co-operate with those authorities by disclosing your identity to them.
   In the event of such a breach, your right to use skillpipe and our Service
   will cease immediately.
 * 12.3 We will not be liable for any loss or damage caused by a distributed
   denial-of-service attack, viruses or other technologically harmful material
   that may infect your computer equipment, computer programs, data or other
   proprietary material due to your use of skillpipe and our Service or to your
   downloading of any material posted on it, or on any website linked to it.


13. COMPLIANCE WITH LAWS AND RESERVATION OF RIGHTS

You will use the Service and the Digital Content in compliance with all
applicable laws. Neither the sale or transfer of the Digital Content to you, nor
the license of the Digital Content to you, transfers to you title to or
ownership of any intellectual property rights of a Publisher or Training Center.
All licenses are non-exclusive and all rights not expressly granted in this
Agreement are reserved to Arvato, Microsoft Inc or other Publishers.


14. EXPORT REGULATIONS

You will comply with all applicable export and re-export restrictions and
regulations, and you will not transfer, or encourage, assist, or authorize the
transfer of Digital Content to a prohibited country or otherwise in violation of
any such restrictions or regulations.


15. TERMINATION

Your rights under this Agreement will automatically terminate if you fail to
comply with any term of this Agreement. In case of such termination, you must
cease all use of the Digital Content and Arvato may immediately revoke your
access to the Service or to the Digital Content without any liability for
damages.


16. WAIVER

 * 16.1 If we fail, at any time during the term of a Contract, to insist upon
   strict performance of any of your obligations under the Contract or any of
   these terms and conditions, or if we fail to exercise any of the rights or
   remedies to which we are entitled under the Contract, this shall not
   constitute a waiver of such rights or remedies and shall not relieve you from
   compliance with such obligations.
 * 16.2 A waiver by us of any default shall not constitute a waiver of any
   subsequent default.
 * 16.3 No waiver by us of any of these terms and conditions shall be effective
   unless it is expressly stated to be a waiver and is communicated to you in
   writing in accordance with clause 9 (Notices) above.


17. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or unenforceable
to any extent, such term, condition or provision will to that extent be severed
from the remaining terms, conditions and provisions which will continue to be
valid to the fullest extent permitted by law.


18. ENTIRE AGREEMENT

 * 18.1 These terms and conditions and any document expressly referred to in
   them represent the entire agreement between us in relation to the subject
   matter of any Contract and supersede any prior agreement, understanding or
   arrangement between us, whether oral or in writing.
 * 18.2 We each acknowledge that, in entering into a Contract, neither of us has
   relied on any representation, undertaking or promise given by the other or be
   implied from anything said or written in negotiations between us prior to
   such Contract except as expressly stated in these terms and conditions.
 * 18.3 Neither of us shall have any remedy in respect of any untrue statement
   made by the other, whether orally or in writing, prior to the date of any
   Contract (unless such untrue statement was made fraudulently) and the other
   party´s only remedy shall be for breach of contract as provided in these
   terms and conditions.


19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these terms and conditions from time to
time by amending this page. You are expected to check this page from time to
time to take notice of any changes we make, as they are binding on you.


20. LAW AND JURISTICTION

This agreement any disputes relating to it shall be governed by German law and
German courts shall have exclusive jurisdiction.


21. LANGUAGE

The language of the Contract shall be English.