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18.18We make no warranty or guarantee, and have no responsibility, in relation to your ability to obtain and maintain any server licence required for use of Microsoft Exchange software or Microsoft SCMDM software for the purposes of the MMES.

Client access licence

18.19In relation to, and for the purposes of, each service you connect to a MMSP:

(a)you are responsible for acquiring, or having someone acquire on your behalf, client access licences in relation to your use of Microsoft Exchange software for the purposes of the MMES; and

(b)you must, prior to the connection of the first service under the MMSP, enter into or have someone enter into on your behalf a separate end user licence agreement with a supplier of Microsoft Exchange software.

18.20For each service that you connect to a MMSP, we grant you a client access licence for Microsoft SCMDM software for the duration for which that service is connected to the MMSP and complies with the requirements of these Our Customer Terms.

18.21The licence set out in clause 18.20 does not include any further licence, express or implied, to Microsoft intellectual property or other proprietary rights for features or functionality that may be implemented in the Microsoft Exchange software, Microsoft SCMDM software or other Microsoft products related to your use of the MMES.

18.22You must ensure that users of services connected to MMSP are covered by, and continue to comply with, client access licences in relation to any software (including Microsoft Exchange software and Microsoft SCMDM software) which the services uses in connection with those services.

18.23We make no warranty or guarantee, and have no responsibility, in relation to your ability to obtain any client access licence not granted to you under this clause18.

Voice Plan

18.24You must, in addition to the MMSP, have an Eligible Mobile Voice Plan connected to each intended service.

18.25For the purposes of the MMES, an Eligible Mobile Voice Plan is any post paid voice plan available to our business customers that have a valid Australian Business Number.

18.26We will automatically connect a service to the Microsoft Mobile Voice Plan (described below) if you fail to elect an Eligible Mobile Voice Plan for that service.

18.27There are additional licence terms which apply to your use of the MMES. These terms are described in more detail under “Additional Terms” below.

Microsoft Mobile Software Installation Assistance

18.28You are responsible for installing and configuring any software (including Microsoft Exchange software and Microsoft SCMDM software) on your server which you require for your use of MMES. If you require assistance in these matters, you may request that we assist you. If you make such a request, we will discuss your requirements with you and provide you with a quotation before providing any such assistance.

Support

18.29We will operate a helpdesk for all services connected to a MMSP. This helpdesk can be contacted by your nominated IT administrator by email or telephone. The helpdesk will provide reasonable email and telephone support in relation to your MMES. The helpdesk will operate between the hours of 8 am to 6 pm local time, Monday to Friday on days which are not national public holidays. The helpdesk will be required to obtain information from your nominated IT administrator. The helpdesk may not be able to assist if your nominated IT administrator is unavailable.

18.30Support services will not be provided in relation to faults or problems with your Microsoft SCMDM software or Microsoft Exchange software which are not related to your SCMDM Services.

Contract term

18.31If you purchase a handset for a service at a subsidised price before 1 October 2010, you can select a

24 month MMSP with a handset, as determined by us, at a subsidised price (“Microsoft Services Plan with Handset”).

At the end of your 24 month contract term, the service will continue on the same Microsoft Services Plan with Handset and, if applicable, the Microsoft Mobile Voice Plan, on a month to month basis in accordance with these Our Customer Terms and our agreement (if applicable).

18.32If you purchase a handset for a service outright:

(a)Before 1 October 2010, you can select for that service:

(i)a 24 month MMSPservice only (“Microsoft SIM Only Services Plan”); or

(ii)a month to month MMSP service only (“Microsoft SIM Only Casual Services Plan”);

(b)on or after 1 October 2010, you can select for that service a Microsoft SIM Only Services Plan for a contract term that will commence on the date of purchase and cease on 30 September 2012.

At the end of your contract term, the service will continue on the same Microsoft SIM Only Services Plan and, if applicable, the Microsoft Mobile Voice Plan, on a month to month basis in accordance with these Our Customer Terms and our agreement (if applicable).

18.33If a 24 month MMSP is no longer available to new customers at the end of the contract term for any service connected to that plan, we may transfer the service to any other current plan which is reasonably comparable. We will tell you before this happens.

Cancelling or moving from a MMSP

18.34If you have connected a service to a Microsoft Services Plan with Handset and you cancel or move from the Microsoft Services Plan with Handset for that service (including if you move to another MMSP) before the end of your 24 month contract term, you will be deemed to have cancelled your Microsoft Services Plan with Handset and, if applicable, your Microsoft Mobile Voice Plan, and will be liable to pay us the Early Termination Charge (“ETC”) for the Microsoft Services Plan with Handset as set out below.

18.35If you have connected a service to a Microsoft SIM Only Services Plan before 1 October 2010 and you cancel or move from the Microsoft SIM Only Services Plan for that service (including if you move to another MMSP), before the end of your 24 month contract term you will be deemed to have cancelled your Microsoft SIM Only Services Plan and, if applicable, your Microsoft Mobile Voice Plan, and will be liable to pay us an ETC for the Microsoft SIM Only Services Plan as set out below.