2.1 Application means an application or game published for Windows Phone Store or Windows Store and built using the Unity 4 tools.

Transcription

1 Windows & Windows Phone and Unity Offer Agreement This agreement ( Agreement ) contains terms of the relationship between you (the individual or entity who is registering for the Offer governed by this Agreement) and Microsoft Corporation ( Sponsor ) and Unity Technologies ( Co-Sponsor ) relating to the Offer. By clicking Apply to Offer or by registering for the Offer, you represent that you have requisite authority to enter this Agreement and agree to be bound by the terms and conditions contained in this Agreement, and any applicable Offer notices posted at Offer Website ( For clarity, this Agreement shall have priority over any inconsistent terms in any applicable Offer notice or abbreviated terms. 1. The Offer Under this Windows & Windows Phone and Unity Offer, you have an opportunity to receive a free one (1) year subscription to the Windows Phone and Windows Developer Center, a Windows 8 Pro license, a Windows Phone 8 developer device or Surface developer device and promotional opportunities for qualifying Applications (as defined below) (collectively, the Offer Incentives ). To apply for the Offer, you must apply at the Offer Website ( and you must meet the Offer Eligibility Requirements in Section 4. To qualify for some or all of the Offer Incentives, you must meet the Offer Incentive Requirements in Section 5. Offer Incentives are available only while supplies last and vary depending on which Offer Incentive Requirements you meet. 2. Definitions 2.1 Application means an application or game published for Windows Phone Store or Windows Store and built using the Unity 4 tools. 2.2 Device means a Windows Phone 8 developer device or Surface developer device licensed under a separate agreement. 3. Offer Period Offer is open between 12:01 a.m. Eastern Time ( ET ) on February 19, 2014 and, June 30, :59 p.m. ET ("Offer Period"). Offer is sponsored by Sponsor and Co-Sponsor. Sponsor reserves the right to extend or cancel the Offer Period for any reason at its sole discretion. Any such notice will be posted on the Offer Website.

2 4. Offer Eligibility Requirements You are eligible to apply for this Offer if you meet the following requirements: i) You are an entity or individual engaged in application development technology; ii) You have developed an application for either the ios or Android platform using the Unity 4 tool, or you are in the process of developing an application using the Unity 4 tool and can provide detailed information about the project; iii) You are not an employee, contractor, director or officer of the Co-Sponsor, Sponsor, their respective parent companies, affiliates, and subsidiaries; and iv) You are not a resident of any of the following countries: Afghanistan, Argentina, Brazil, China, Colombia, Cuba, Indonesia, Iran, North Korea, Sudan, Syria, Uruguay, and Venezuela Offer is void within the geographic area described above and wherever else prohibited by law. To apply for the Offer you must sign-up for the Offer at the Offer Website. 5. Offer Incentive Requirements Once you have applied for the Offer, Microsoft will review the information you provided to determine if you may qualify for some or all of the following Offer Incentives, known as Level 1. Participants must meet certain requirements to receive Level 1 Offer Incentives, as set forth below: Level 1 Offer Incentives: Requirements You have experience publishing applications on mobile platforms and the application described in Section 4(ii) above: o is innovative and differentiated from others in the same genre o has 3+ star rating minimum on ios or Android stores if it is already in either store. o provides a functionality that is considered useful to end users, as determined by Sponsor, in its sole and absolute discretion. o Would comply with the application certification policies for Windows Phone and Windows and this Agreement. Incentive One (1) token valid for a oneyear subscription to the Windows Phone Dev Center or Windows Dev Center. One (1) license to Windows 8 Pro, while supplies last.

3 Submission of a functional version of an Application for review by Microsoft. The Application must meet the requirements in Section 6.4.b. Publication of Application to Windows Phone Store or Windows Store and the Application is live in the Windows Phone or Windows Store. A Windows Phone 8 developer device or Surface developer device, while supplies last. Promotional Incentives Level 2 Offer Incentives Participants who received all Level 1 Offer Incentives, may also qualify to receive additional Offer Incentives called Level 2, depending on the quality of the Applications submitted, per Level 1 criteria: Requirements Submission of a functional version of your Application for review by Microsoft. The Application must meet the requirements in Section 6.4.b Publication of Application to Windows Phone Store or Windows Store. The Application is live in the Windows Phone or Windows Store. Incentive A Windows Phone 8 developer device or Surface developer device will be provided while supplies last. Additional Promotional Incentives 6. Notices about Offer Incentives 6.1 If you quality for some or all of the Offer Incentives, Microsoft will send you an with further instructions on how to access the Offer Incentives. We may require you to sign an Affidavit of Eligibility, Liability/Publicity Release, and a W-9 tax form or W-8 BEN tax form within 10 days of notification. If you are 18 or older, but are considered a minor in your place of legal residence, we may require your parent or legal guardian to sign all required forms on your behalf. If you do not complete the required forms as instructed and/or return the required forms within any specified time periods in the documentation, we may disqualify you. 6.2 All Offer Incentives are available only while supplies last. 6.3 Subscription Codes. Subscription tokens to the Windows Phone Dev Center are distributed by Sponsor. Use of the Windows Phone Dev Center is subject to the Application Provider Agreement. Use of the Windows Dev Center is subject to the Application Developer Agreement. 6.4 Devices. 6.4.a There are a limited number of Devices available for this Offer. While supplies last, they will be distributed on a first-come-first-serve basis to participants who meet all of the following: 1) eligible to apply for the Offer and apply for the Offer; 2) quality for free Dev Center token; 3) submit an

4 Application; 4) have the Application approved according to Section 6.4.b of this Agreement, and 5) agree to separate license terms governing the use of the Device. There is no limit on the number of Applications you may submit during the Offer Period; however, you are eligible to receive no more than two (2) Devices as part of this Offer. 6.4.b To be eligible to receive a Device, participants must submit a functional version of an Application to Microsoft for review. You grant Microsoft the right to evaluate and test the Application as needed for this Offer. The Application does not have to be in final form, but it must match the application described in the submission form and meet a minimum set of requirements: must be similar in quality to any corresponding application on ios or Android platform, the Application launches and the main features are usable. 6.4.c Devices are distributed by Sponsor and are subject to the terms of a license agreements governing use of the Device. You must agree to the license terms before Sponsor will deliver a Device to you. Devices are not available to anyone who is a resident of any of the following countries: Afghanistan, Argentina, Brazil, China, Colombia, Cuba, Indonesia, Iran, North Korea, Sudan, Syria, Uruguay, and Venezuela or anywhere else where it is prohibited by law. 6.4.d If you are eligible to receive a Device, and Devices are available, Sponsor will contact you by using the address and code provide upon your initial registration at the Windows Phone Dev Center. 6.4.e If for any reason, you cannot be reached using the address provided within twenty (20) business days after the initial is sent, we may distribute the Device to another Offer participant. 6.4.f Devices will be sent by courier. Delivery time is subject to Device availability and may be delayed due to high demand and timing of product launch. Participant may be responsible for any import tax. 6.5 Promotional Incentives Upon publication of your Application in the Windows Phone Store or Windows Store, you will receive priority review for Windows Phone Store or Windows Store Promotion. In Sponsor s sole discretion, you may also receive additional promotional incentives. 7. Participant Representations, Warranties and Covenants You hereby represent, warrant and covenant to Sponsor and Co-Sponsor that: (a) you are the owner or distributor of the Application and have all rights necessary to submit the Application as part of this Offer

5 and to make the Application available through the Windows Phone Dev Center storefront; and (b) to the best of your knowledge, the Application does not infringe the rights, including without limitation the intellectual property rights, of any third parties. 8. Indemnification You shall indemnify, hold harmless, and release Sponsor, Co-Sponsor, their respective affiliates, agents, successors and assigns and their respective directors, officers, employees and independent contractors (each an Indemnified Party ) from any costs, damages, losses, settlement fees, and expenses (including without limitation attorney fees and disbursements) incurred directly or indirectly by an Indemnified Party as a result of your participation in this Offer, and/or as a result of any third party claim, suit, judgment, settlement, or cause of action alleging the infringement, violation or misappropriation of any intellectual property right, including a patent, design, industrial design, copyright, trade secret or trademark or other proprietary right, by the Application or the use or distribution thereof, or the combination of the Application with any other hardware, software, system, or service. 9. Limitation of Liability General By participating in this Offer, you agree, to the maximum extent permitted by applicable laws, to release and hold Sponsor, Co-Sponsor, and their parent companies, affiliates, subsidiaries, officers, directors, agents, representatives and employees (collectively, Released Parties ), harmless from any and all liability whatsoever for any injuries, losses or damages of any kind arising from participation in or in connection with the Offer, including, without limitations, acceptance, receipt, possession, use and/or misuse of the Device received herein. The above limitation of liability shall not apply to death or bodily injury caused as a result of Sponsor or Co-Sponsor s negligence. In no event shall the Released Parties be liable for any special, indirect, incidental or consequential damage, including but not limited to loss of sales, business or data, lost profits or loss of use or other equipment or goodwill, incurred by participant, whether in an action based on contract, tort or otherwise. 10. Limitation of Liability Offer Operation All applicable federal, state, provincial and local laws apply. By participating in the Offer, and to the maximum extent permitted by applicable laws, you release and discharge Released Parties from any and all liability resulting from: (i) late, lost, delayed, stolen, misdirected, unreadable, incorrect, inaccurate, garbled, unintelligible or postage due communications, including without limitation, Applications and entry submission information, regardless of the method of transmission, including the failure to send a Device and/or shipping of Device to you; whether caused by users of any website associated with this Offer, or by any of the equipment or Offer associated with or utilized in the Offer; (ii) any error, omission, interruption, deletion, defect, or delay in operation or transmission on any website related to the Offer, or for communications line failure, theft or destruction, tampering, or unauthorized access to

6 entries and/or entry information; (iii) for printing, human, typographical or other errors in any Offer material or the administration of the Offer; and (iv) any computer, software, website or electronic defect, error or failure regardless of reason. 11. Right to cancel, terminate, modify or suspend If for any reason any aspect of this Offer is not capable of running as planned, including, but not limited to, by reason of computer virus, communications network failure, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the control of Sponsor or Co-Sponsor, subject to applicable laws, Sponsor or Co-Sponsor may in their sole discretion cancel, terminate, modify or suspend the Offer. In the event of such an occurrence Sponsor or Co-Sponsor may post a notice on the Offer Website. 12. Publicity You may be requested to take part in promotional activities. Sponsor and Co-Sponsor will use your name, voice, likeness and/or image in any publicity, advertising, trade or other promotional activity upon obtaining prior written consent from you. 13. Personal Information By completing and submitting the information requested in order to participate in the Offer, you consent to the collection, use, and disclosure of your personal information by Sponsor and Co-Sponsor for the purposes of (i) internal use to facilitate administration of the Offer; (ii) if you have so elected, to allow Sponsor and Co-Sponsor, or service providers on behalf of Sponsor and Co-Sponsor, to provide you with information on Sponsor and Co-Sponsor and/or its products, services or rewards; and, (iii) the purposes set out in Sponsor and Co-Sponsor s Privacy Policy. You understand and acknowledge that Microsoft, as a part of the Offer application process, will use your Unity Account ID address to verify your Unity license status with Unity Technologies and to ensure you are eligible for the Offer. The collection, use and disclosure of any personal information provided is subject to Sponsor and Co- Sponsor s Privacy Policy which are set out at: and 14 Governing Law This Agreement shall be governed by and construed under the laws of the State of Washington, and you consent to the exclusive jurisdiction and venue of the courts of the State of Washington for any disputes arising under this Agreement.

7 Initial version: 02/18/2014. Revision on 04/8/2014, 4.iv updated: country restriction removed for Korea. Revision on 04/23/2014, 4.iv updated: country restriction removed for Russia, Ukraine. Revision on 04/28/2014, 3. Offer period extended to June 30.