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SERVICE DESCRIPTION

Optus PowerON Compute

This Service Description forms part of the Agreement under which Optus supplies the Service to you.

Rules of interpretation and capitalised terms that are used in this Service Description are defined either in the General Terms or in the Dictionary included within this Service Description. A reference to a paragraph is a reference to a paragraph in this Service Description unless stated otherwise.

Some important information about the Service:

Base Service Optus PowerON Compute

Service Options available with the base Service

Shared Internet Access

Virtual Firewall Instance Additional Private Network

vSAN with/without vSAN Snapshot Software

Operating System Software Services

Application Software Services

Company supplying the Services

Optus Networks Pty Limited (ABN 92 008 570 330)

1. The Service

1.1 Optus PowerON Compute is a cloud-based virtual-server-computing Service, with service options. The Service requires a valid Optus supplied network access link (provided separately by Optus).

1.2 Optus will provide, and you must acquire, the Optus PowerON Compute Service in accordance with the Agreement for at least the Committed Term. After the end of the Committed Term, Optus will, subject to availability of storage space, continue to provide, and you must continue to acquire, the Optus PowerON Compute Service in accordance with the Agreement until it is cancelled in accordance with the Agreement.

1.3 Optus will provide, and you must acquire, any Service Option in accordance with the Agreement until it is cancelled in accordance with the Agreement.

1.4 You may not resell the Service to a third party.

Service Description – PowerON Compute (SFOA) 14 November 2013

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2. Service Features

2.1 The service includes the following features:

(a) Access to a quantity of compute and storage infrastructure resources within a Virtual Machine accessible from a valid Optus network access link;

(b) Access to the VPDC Self Service Portal; and

(c) Service options for Evolve Internet Access services, Shared Internet Access services, Virtual Firewall Instance services, Additional Private Network services, vSAN services, Operating System Software services and Application Software services.

3. Service Use and changes

3.1 Service Uses. You are responsible for assessing and monitoring whether the Service and the terms upon which Optus supplies the Service to you meets any particular specification, standard, policy, regulatory requirement or other requirement you require or are subject to having (including any requirement relating to data storage, control, back-up, accessibility, auditing or security). You are responsible for ensuring you have an appropriate Optus network which provides the capacity and throughput required by You to obtain a reasonable performance on the Service.

3.2 Optus may vary the Service or any term of this Service Description, if reasonably required to do so, for technical, operational or commercial reasons. Optus will provide you with a Customer Support Guide containing details about the Service including the procedures in place for requesting MACs and reporting Incidents. You must follow the procedures set out in the Customer Support Guide, which Optus may update the from time to time, notifying you of any updates.

4. Service Provision: Your Selections

4.1 In your Application you have selected a Service Option(s) and features and characteristics applicable to the Service. During the provisioning process you will also be required to provide information requested in an On-Boarding Form.

4.2 You may, subject to the MAC procedure set out in the Customer Support Guide request an increase in the supply of compute and storage infrastructure resources or additional Service Options for the PowerON Compute Service. Your request will be subject to Opus’ written consent and may incur a change in the applicable Fees and Charges, in accordance with Optus’ rates at the relevant time.

5. Service Charges

5.1 The standard charges for the Service(s) are set out in Appendix 1. The charges payable by you will depend on the features and characteristics you have selected and any modifications or changes you request at any time and that are agreed to by


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Optus. When requesting MACs from the service desk using the procedure set out in the Customer Support Guide, you should be aware that the Base Service includes two (2) non-chargeable Simple MACs in any calendar month. In addition, the Virtual Firewall Instance Service option includes an additional five (5) non-chargeable Simple MACs for each firewall in any calendar month; and the vSAN Service Option includes two (2) non-chargeable Simple MACs in any calendar month. The MAC allocation does not roll-over to the following month. Any further MACs are chargeable at the rates set out in Appendix 1.

5.2 Optus may vary the charges for the Service or any Service Options from time to time during or after the Committed Term (if any) by giving you at least thirty (30) days' notice.

5.3 If Optus gives you a notice to increase the charges under clause 5.2, you will not be charged any Cancellation Fee if you cancel the Service or relevant Service Option before the date the variation to charges takes effect.

6. Prerequisite Optus network access

4.3 It is a requirement for connecting to the Service that You set up an appropriate access link to your premises. The appropriate network access link types to connect your premises to the Optus PowerON Compute Service are:

(a) Optus Evolve IP VPN data connection;

(b) Optus Evolve Ethernet WAN data connection;

(c) Optus Evolve Internet service;

(d) Optus PowerON Compute Shared Internet service option as described in clause 10; and

(e) Uecomm Ethernet data connection from Uecomm Ethernet Networks.

4.4 If you choose to use the Service with either the Optus Evolve Internet service or the Optus PowerON Compute Shared Internet service, then before the Service Start Date you must choose to connect to the Service using only one of these methods of internet access and not both. The method chosen by you will be set out in the Application, or as amended by you from time to time.

6.2 The Optus Evolve and Uecomm Ethernet Network products are not included in the Service and are provided separately by Optus.

6.3 If You choose to connect to the Optus PowerON Compute service via an Optus Evolve Ethernet WAN or a Uecomm Ethernet data connection (from Uecomm Ethernet Networks) You are required to provision an enterprise grade router device at Your chosen location to connect to the Optus PowerON Compute that is capable of providing BGP peering to the Optus PowerON Compute Service.


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7. Provisioning

7.1 You and Optus may agree in the Application a provisioning time target for the Service ("Customer Required Date"). The provisioning time target will be contingent on matters such as the provisioning date (if any) for the appropriate network access link(s), the availability of capacity on the Optus PowerON Compute platform infrastructure, the availability of capacity on the Optus PowerON Compute vSAN platform infrastructure (if chosen) and the complexity of the required storage configurations.

7.2 If, after making the Application and before the relevant Customer Required Date, you request a modification to the setup of the Service and Optus agrees to make that modification, or if there is a delay in the installation target for the Optus network access link, then an amended Customer Required Date for that Service may also need to be agreed.

7.3 Optus will use all reasonable endeavours to provision the Service by the relevant Customer Required Date, but does not guarantee that it will do so.

7.4 In order to help ensure that the Service is provisioned by the Customer Required Date, you must make available all appropriate resources in a timely manner to enable the completion and user acceptance testing of the Service to ensure that the Customer Required Date can be achieved.

7.5 If service provisioning is delayed due to your failure to take all reasonable steps in supporting the provisioning process or your failure to provide all requested information, Optus reserves the right to:

(a) withdraw its acceptance of your Application and cancel your Service; or

(b) commence charging from the Customer Required Date.

8. About the Service

Compute and Storage Infrastructure Resources

8.1 The Compute and Storage Infrastructure Resources, which you can use, will be configured in accordance with your requirements as set out in the Optus PowerON Compute On-Boarding Form and any subsequent MACs.

8.2 The Compute and Storage Infrastructure Resources are made available to you from the VPDC Self Service Portal providing you have the valid network access link type specified in clause 6.1 and clause 6.2.

8.3 The Compute and Storage Infrastructure Resources consist of:

(a) a quantity of Compute Slices; and

(b) a Storage Class.


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8.4 A Compute Slices is a quantity of server compute resources consisting of 500MHz of CPU and 1 Gigabyte of RAM. You can aggregate multiple Compute Slices to form a single Virtual Machine from within the VPDC Self Service Portal. The maximum allocation of Virtual CPU per Virtual Machine is four; and the maximum allocation of memory per Virtual Machine is 32 GB.

8.5 A Storage Class can consist of either:

(a) Standard Storage. Standard Storage may be characterised as using larger capacity disks with lower rotational speeds; OR

(b) Performance Storage. Performance Storage may be characterised as using smaller capacity disks with higher rotational speeds and redundancy levels more tuned for write operations.

8.6 Regardless of which Storage Class is chosen, each Virtual Machine may have one or more virtual disks attached which may range from 10GB to 900GB. No more than 16 virtual disks or a total no larger than 1.8TB may be added to a single Virtual Machine. The maximum allocation of storage per virtual disk per Virtual Machine on the Optus PowerON Compute platform is 900GB.

VPDC Self Service Portal

8.7 The Optus PowerON Compute VPDC Self Service Portal allows you to:

(a) manage users and groups;

(b) use, create, manage and operate virtual network services; and

(c) use, create, manage and operate Virtual Machines and Virtual Machine templates.

8.8 You are responsible for managing your Virtual Machines by using the VPDC Self Service Portal to connect to the VPDC Platform.

8.9 You will be provided with a dedicated customer URL which you can use to access the VPDC Self Service Portal. You are responsible for controlling the level of access you allow users to have to the VPDC Self Service Portal. You may control the level of access you allow users to have by applying role-based access control methods.

Optus provided management

8.10 The Service includes service management provided by a service desk, through which assistance is provided to help resolve Incidents, or perform Moves, Adds and Changes (MACs). The Customer Support Guide provides information on Optus provided service management.


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8.11 You must nominate users that are able to use the service desk. Contact details for the service desk, including hours of operation, are listed in the Customer Support Guide.

8.12 The service desk provides a single point of contact for the registration and management of:

(a) Enquiries – which is any contact made with the service desk that does not result in a MAC or an Incident work request being raised;

(b) Incidents; and

(c) MACs.

8.13 Available MACs are set out in the Customer Support Guide. You can request both Simple MACs and Complex MACs by contacting the Service Desk as described in the Customer Support Guide.

8.14 As part of the Service You can have up to two (2) non-chargeable Simple MACs in any calendar month. Any un-used allocation of MACs does not roll-over to the following month. You can request the supply of chargeable Complex Moves, Adds and Changes (Complex MACs) as part of the Service at any time, however, these (and any more than two (2) Simple MACs per month) do carry additional fees as described in Appendix 1.

9. Service Option : Virtual Firewall Instance

9.1 The Virtual Firewall Instance sits between any Virtual Machine(s) created by You on the Optus PowerON Compute platform and the Shared Internet Access service option, or between two or more private networks. This helps to provide you with protection from malicious code from the internet using firewall rule sets.

9.2 The Virtual Firewall Instance is charged per instance per month in accordance with charges set out in Appendix 1.

9.3 Each Virtual Firewall Instance is dedicated to your specified private network within the Optus PowerON Compute environment.

9.4 Optus may not be able to provide all rule sets requested by You. Firewall rule sets will be subject to Optus’ discretion and Optus reserves the right to refuse to implement some firewall rules.

9.5 The first firewall rule set with the necessary details will be, subject to this paragraph 9, based on your specifications as provided by You during the application process and accepted by Optus. If You do not specify this information Optus will not provision the Shared Internet Access service option or the Virtual Firewall Instance service option.


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9.6 Optus will provide the setup, configuration and on-going execution of the Virtual Firewall Instance(s). In the event that You wish to amend any of the firewall rule sets then Optus will allow you to place up to five (5) Simple MACs per Virtual Firewall per month at no charge (in addition to the non-chargeable Simple MACs included with the Base Service) . Any un-used allocation of MACs does not roll-over to the following month.

9.7 Optus will not provide You with any access to the firewall configuration or administration tool sets.

9.8 Some features are not supported within/through the Virtual Firewall Instance service option, including:

(a) Multicast routing

(b) Threat detection

(c) Site-to-site VPN

(d) Dynamic routing protocols

(e) QoS markings

9.9 Optus will incur no liability to you in relation to any loss, damage, costs or expenses suffered or incurred by you in connection with firewall rules.

10. Service Option : Shared Internet Access

10.1 The Shared Internet Access service consists of access to the internet which is shared between Optus PowerON Compute customers. Shared Internet Access allows an entry point onto the internet for Virtual Machine(s) created by You within the Optus PowerON Compute environment. Shared Internet Access includes DDoS mitigation technologies operated and managed by Optus within the network which helps protect from Distributed Denial of Service (DDoS) attacks. The bandwidth provided is delivered in a shared internet access model and usage charges will apply based on the quantity of data downloaded that pass through the VPDC Boundary allocated to you.

10.2 Usage Charges will be measured by collection devices that measure IP traffic passing through the VPDC Boundary allocated to you as described in Appendix 1. You will be charged monthly in arrears for any usage at a rate per gigabyte (GB) downloaded (rounded down to the nearest gigabyte).

10.3 It is mandatory for each Shared Internet Access service to have a virtual firewall instance. One virtual firewall instance is included in the cost of the shared internet access service when you choose the Shared Internet Access service option.

10.4 Optus will provide you with a single IP Address as part of the Shared Internet Access service option.

10.5 If requested by You in the Application (or subsequently requested in writing and agreed to by Optus), Optus will provide you with additional IP Addresses in


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accordance with APNIC's rules. Those IP Addresses form part of the Service for the purpose of the General Terms and this Service Description.

10.6 You acknowledge that:

(a) the number of IP Addresses that Optus can allocate to you initially will be limited by availability and will be distributed at Optus' discretion;

(b) you may request additional IP Addresses at any time during the Service. Optus may, in its discretion, make further IP Addresses available at an additional charge;

(c) IP Addresses allocated to you are not portable and may only be used on the Shared Internet Access service; and

(d) IP Addresses are a limited worldwide resource allocated in the Asia Pacific region by APNIC. Accordingly, Optus may be required to withdraw previously allocated IP Addresses, but it will use reasonable endeavours to notify you of the withdrawal in advance. Optus will incur no liability to you in relation to any loss, damage, costs or expenses suffered or incurred by you as a result of that withdrawal.

10.7 The Optus Acceptable Use Policy applies to the Shared Internet Access service option.

11. Service Option : Additional Private Network

11.1 Each Optus PowerON Compute Service is assigned a single private network (an isolated Layer 2 network) that allows routing between the VPDC allocated to You and your corporate network. You may use your IP addressing scheme to connect to the Optus PowerON Compute Service.

11.2 You may use the Additional Private Network Service to create additional private networks within your Optus PowerON Compute Service such that it offers a level of segregation within your VPDC environment and provides you with additional private networks within the VPDC platform.

11.3 Each Additional Private Network is charged per network beyond the first assigned private network per month (see Appendix 1 for charges).


(a) Each Private Network may contain a single network mask, a default gateway and a range of IP addresses;

(b) Each Private Network beyond the first assigned are chargeable at an additional cost as described in Appendix 1; and

(c) A maximum of four (4) Additional Private Networks are allowed per customer.


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12. Service Option : vSAN

12.1 The vSAN Service Option provides an on-demand cloud-based data storage service. The vSAN Service Option includes the following features:

(a) Virtual storage array allowing for the storage of data;

(b) Storage volumes (comprising storage trees, storage quotas and data storage and file system access type options);

(c) Snapshot technology (including snapshot restoration and snapshot management);

(d) Self Service Command Line Interface and Optus provided management options; and

(e) Service option for acquisition of Snapshot software for use with the vSAN Service Option.

12.2 The vSAN Service Option provides a data storage Service that is different to the native data storage features of the Optus PowerON Compute Service and carry different service fees as described in Appendix 1.

Virtual Storage Array

12.3 The Virtual Storage Array, which stores your data, will be configured in accordance with your requirements as set out in the Optus PowerON Compute On-Boarding Form and any subsequent MACs.

Storage Volumes

12.4 Your Storage Volumes will be set up and configured by Optus on the allocated Virtual Storage Array using information supplied by You during the on-boarding process and any subsequent MAC requests. Each Storage Volume is allocated an amount of space (GB) from the Storage Allowance as agreed with you during the on-boarding process. This forms the Storage Volume Limit for each Storage Volume. Optus may not be able to accept your request for storage space allocation if the request is not technically or operationally feasible.

12.5 The Storage Volume Limit is the maximum amount of disk storage capacity that you have to store files within any Storage Volume. The Storage Volume Limit given to any Storage Volume cannot exceed 16 TeraBytes (TB). Optus will apply the Storage Volume Limit to each Storage Volume.

12.6 You can request additional Storage Volumes using the MAC process, as set out in the Customer Support Guide. The maximum total number of Storage Volumes that you can have is five (5). Optus will measure your consumption of storage space and compare this against the Storage Allowance on a monthly basis. In the event that the storage space consumed is significantly below the Storage Allowance provided to you then Optus will adjust the Storage Allowance to you to 142% of your average monthly quantity of data at rest within the Virtual Storage Array. In the event that


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Optus determines that an adjustment is needed then Optus will inform you prior to the adjustment in the Storage Allowance.

Storage trees

12.7 Each Storage Volume requires one or more Storage Tree file structure (also known as a Q-tree). You must, in the On-Boarding Form define at least one Storage Tree and can define a maximum of 12 Storage Trees per Volume.

12.8 You can set up and name the Storage Tree file structure within the Storage Volumes using either the:

(a) Self Service Command Line Interface (refer to the Technical Operations Guide); or

(b) MAC process (refer to the Customer Support Guide).

12.9 Each Storage Tree requires one or more Customer Disks. You must, in the On-Boarding Form define at least one Customer Disk and the File System Access Type that relates to the Customer Disk.

Storage Tree Quotas

12.10 A Storage Tree Quota can be set for each Storage Tree for the CIFS and NFS File System Access Types. The Storage Tree Quota represents the maximum limit of data that can be stored within any single Storage Tree.

12.11 Optus will set up and configure the Storage Tree Quota(s) within Storage Tree(s) for you using information supplied by you during the on-boarding process and from any subsequent MAC requests.

Data Storage

12.12 You can store and access your data within the root directories of the Storage Trees. You can request for MACs to be applied to the Virtual Storage Array, Storage Volume(s), Storage Tree(s), Storage Tree Quota(s), and to any data stored.

Snapshots

12.13 The Snapshot feature can make a copy of all data within a Storage Volume on the Virtual Storage Array at a specific point in time. The snapshot copy is held within the Virtual Storage Array allocated to You.

12.14 Optus will either:

(a) provide up to a maximum of 255 snapshot copies for any specific Storage Volume when Snapshot features within the vSAN Service Option are requested using the MAC process; or

(b) allow You to create up to a maximum of 255 snapshot copies for any specific Storage Volume when using Snapshot features in conjunction with applicable NetApp Snapshot GUI software.


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12.15 You can request the following MACs in relation to the Snapshot features:

(a) scheduled recurring or non-recurring snapshots of Your Storage Volumes;

(b) restoration of any specific snapshot that has been taken and is stored on the Virtual Storage Array; and

(c) request access to be provided to NetApp Snapshot software for use with the Service as described in clause 12.16.

12.16 The Snapshot feature is distinct from the SnapDrive service option. The service option allows for You to obtain NetApp Snapshot software to install on Your own devices as described in clause 13.

Managing the vSAN service option: Self Service and Optus provided management

12.17 You can undertake a number of self-managed changes using the Self Service Command Line Interface or ask Optus to provide certain services through the service desk.

Self Service Command Line Interface

12.18 The Service includes a Self Service Command Line Interface as detailed in the Technical Operations Guide. You can use the Self Service Command Line Interface to set up, configure and manage the vSAN service option facilities and perform a range of operational functions, including:

(a) creation of CIFS, NFS shares;

(b) setting of Quotas on Storage Trees;

(c) setting and managing file permissions on NFS and CIFS Shares; and

(d) setting up and the management of snapshots.

You are responsible for all commands issued on the interface and acknowledge that Commands issued through the interface could affect service levels.

vSAN Service Option - Moves, Adds and Changes

12.19 As part of the vSAN Service Option You can have up to two (2) non-chargeable Simple MACs in any calendar month (in addition to the non-cahrgeable MACs included with the Base Service). Any un-used allocation of MACs does not roll-over to the following month. You can request the supply of chargeable Complex Moves, Adds and Changes (Complex MACs) as part of the vSAN Service Option at any time, however, these (and any more than two (2) Simple MACs per month) do carry additional fees as described in Appendix 1.


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13. Service Option: Snapshot Software for vSAN Service Option

13.1 Optus may make available certain third party software, for example NetApp SnapDrive for you to use pursuant to the Service. Such software can enable You to :

(a) create up to a maximum of 255 snapshot copies for any specific Storage Volume when using Snapshot features in conjunction with applicable NetApp Snapshot software;

(b) scheduled recurring or non-recurring snapshots of Your Storage Volumes; and

(c) restore any specific snapshot that has been taken that is stored on the Virtual Storage Array.

13.2 You can request access to be provided to NetApp Snapshot software for use with the Service using the MAC process as described in the Customer Support Guide.


(a) your use of any such third party software is conditional on your acceptance of and compliance with the relevant Third Party Licence Terms. The relevant end user licence terms (EULA) for NetApp SnapDrive are set out at Appendix 2. The NetApp EULA terms may be amended from time to time and an up to date copy will be included with the software;

(b) Optus is not the manufacturer of the third party software, and does not make any warranties with respect to the software. The only warranties, if any, available to you are the standard third party software manufacturer warranties, as set out in the Third Party Licence Terms. Optus will use reasonable endeavours to transfer the benefit of the Third Party Licence Terms to you; and

(c) the Third Party Software is subject to U.S. and Australian export control laws and may be subject to export or import regulations. You agree to comply with all applicable regulations and obtain any applicable licenses or other authorizations to export, re-export, or import the Software.

14. Service Option : Operating System Software

14.1 Selected Microsoft operating system software services are available, through the VPDC Self Service Portal, as part of the Operating System Software Services. The available Operating System Software Services are set out in the Optus PowerON Compute Customer Support Guide.

14.2 You may upload templates, deploy and tear down Virtual Machines to the Optus PowerON Compute environment which use the Operating Systems Software service option.


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14.3 Optus will charge you for the Operating System Software Services chosen in the following manner:

(a) the Operating System Software chosen by You will be charged on a ‘Virtual Processor’ basis. You will be charged in arrears in accordance with the peak usage based on the maximum number of executed or installed software instances (and any duplicates of such instances) which are provided, in any month, by Optus for your use;

(b) all charges are in arrears based on the previous months usage;

(c) if you are an academic institution that meet Microsoft’s published criteria then special pricing relating to certain Microsoft products may apply. If you would like to apply for consideration for special pricing then you may use the procedure set out in the Optus PowerON Compute Customer Support Guide to apply for special pricing. Optus will endeavour, but cannot guarantee, to provide such special pricing; and

(d) any Third party software licence charges may vary if the third party software provider’s pricing changes. The rates for Third party software licensing are available upon request in accordance with the procedure set out in the Customer Support Guide.


(a) You may not use any Operating System Software Services (or the equivalent software products) listed in in the Customer Support Guide with the Service unless you sourced the Operating System Software Services in accordance with this Agreement;

(b) periodically Optus may require you to confirm the number of executed or installed software instances, and provide other reasonable information to check that the rates you are paying for the Operating System Software Services is correct. You must respond within one week of such a request. Optus may also require you to complete a self audit form at any time. You must complete this form in its entirety and return the form within one week of the request from Optus;

(c) it is your responsibility to accurately report to Optus usage of the Operating System Services, as requested from time to time and/or in accordance with the procedures set out in the Optus PowerON Compute Customer Support Guide. If you do not provide Optus with a report, Optus may accept this as a representation by you that your usage is the same as the previous month, or that usage is in accordance with Optus’ understanding of your maximum number of Virtual CPUs, and Optus is entitled to charge you on that basis. If you do not give Optus accurate reports, Optus may cancel your right to use the Products and/or charge you for any additional usage; and

(d) where the Operating System Software Services make available software owned or licensed by Microsoft or its Related Bodies Corporate the terms


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and conditions of Appendix 3 including the Microsoft End User Licence Terms apply.

15. Service Option : Application Software Services

15.1 The Application Software Services make available application software to your allocated VPDC. The available Application Software Services are set out and requested in accordance with the Optus PowerON Compute Customer Support Guide.

15.2 Optus will charge you for the Application Software Services chosen in the following manner:

(a) the Application Software chosen by You will be charged on a ‘per user’ or ‘ per Virtual Processor’ basis, where:

(i) the Application Software Services are provided on a ‘per user’ basis (as set out in the Optus PowerON Compute Customer Support Guide) you will be charged in accordance with the maximum number of users authorised to access the Application Software Services; or

(ii) the Application Software Services are charged on a ‘per Virtual Processor’ basis you will be charged in accordance with the peak Processor usage based on the maximum number of software instances which are provided, in any month, by Optus for your use.

(b) all charges are in arrears based on the previous months usage;

(c) if you are an academic institution that meet Microsoft’s published criteria then special pricing relating to certain Microsoft products may apply. If you would like to apply for consideration for special pricing then you may use the procedure set out in the Optus PowerON Compute Customer Support Guide to apply for special pricing. Optus will endeavour, but cannot guarantee, to provide such special pricing; and

(d) any Third party software licence charges may vary if the third party software provider’s pricing changes. The rates for Third party software licensing are available upon request in accordance with the procedure set out in the Customer Support Guide.

15.3 Except for software covered by ‘licence mobility’ as set out in the Optus PowerON Compute Customer Support Guide, you may not use any Application Software Services (or the equivalent application software products) set out in the Customer Support Guide with the Service unless you sourced the Application Software Services in accordance with this Agreement.

15.4 You must advise Optus on setup of the Application Software Services, and then on the 10th calendar day of each month your usage of the Application Software


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Services for the previous calendar month. Usage for each application must be reported to Optus based on the maximum number of users or Processors used for each relevant software application in the applicable month.


(a) periodically Optus may require you to confirm the number of executed or installed software instances, and provide other reasonable information to check that the rates you are paying for the Application Software Services is correct. You must respond within one week of such a request. Optus may also require you to complete a self audit form at any time. You must complete this form in its entirety and return the form within one week of the request from Optus;

(b) it is your responsibility to accurately report to Optus usage of the Application Software Services, as requested from time to time and/or in accordance with the procedures set out in the Optus PowerON Compute Customer Support Guide. If you do not provide Optus with a report, Optus may accept this as a representation by you that your usage is the same as the previous month, or that usage is in accordance with Optus’ understanding of your maximum number of possible users or Virtual CPUs, and Optus is entitled to charge you on that basis. If you do not give Optus accurate reports, Optus may cancel your right to use the Products and/or charge you for any additional usage; and

(c) where the Application Software Services make available software owned or licensed by Microsoft or its Related Bodies Corporate the terms and conditions of Appendix 3 including the Microsoft End User Licence Terms apply.

16. Service Incident Response and Rectification

16.1 In the event that you detect an Incident or Unavailability of the Service, you must report the service Incident or service Unavailability to Optus by contacting the service desk as set out in the Customer Support Guide.

16.2 Before reporting an Incident to Optus, you must take all reasonable steps to ensure that the Incident is not due to a fault:

(a) in any equipment or services located outside the Optus PowerON Compute Service Boundary and that the matter cannot be remedied by you using the VPDC Self Service Portal; and

(b) In any equipment or services located outside of the Optus PowerON Compute Service (with the vSAN Service Option) Boundary and that the matter cannot be remedied by you using the Self Service Command Line Interface.


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16.3 Optus will do the following in respect of identified Incidents that affect the Service:

(a) receive calls from the your nominated representative user by way of the service desk, make an initial assessment of the nature of the Incident and work with the representative user to try and resolve the incident;

(b) enter Incidents into the Optus incident management system and allocate a reference number to the incident to enable the incident to be tracked;

(c) manage Incidents through to resolution;

(d) work with your representative to contain or reduce the impact of Incidents while they are being resolved; and

(e) address procedural issues that underlie the occurrence of Incidents.

16.4 Incident reports will remain open until Optus notifies You that the Incident is resolved. If You are not satisfied that the Incident is resolved, You can escalate your concerns in accordance with the escalation procedure detailed in the Customer Support Guide.

16.5 Where an Incident is caused by third party supplied equipment or third party services that are not on-supplied by Optus under the Agreement, Optus will notify You that the Incident is outside the scope of the Service. Where this occurs Optus is not responsible for resolution of the Incident.

16.6 If Optus investigates an Incident and determines that it is due to a fault that is attributable to any equipment located outside the Optus PowerON Compute Service Boundary, or Optus PowerON Compute Service with vSAN Service Option Boundary:

(a) Optus will use reasonable endeavours to inform You of the fault and its probable cause and location but will bear no further liability or responsibility;

(b) Optus may charge You for any costs that Optus incurs in investigating the fault; and

(c) if Optus agrees to rectify the fault, Optus may charge You for that work. Any fees would be agreed with You prior to Optus undertaking that work.

If Optus investigates an Incident and determines that it is due to a fault that is attributable to any equipment on Optus' side of the PowerON Compute Service Boundary (and Optus PowerON Compute Service with vSAN Service Option Boundary), then: Optus will be responsible for rectifying the fault in accordance with the Agreement.

16.7 If Optus investigates an Incident and determines that it is due to a fault that is attributable to an Excluded Event, then Optus may charge You for any costs which Optus incurs in investigating and rectifying the fault.


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16.8 If there is a failure, disruption or degradation of the Optus PowerON Compute Service (or Optus PowerON Compute Service with vSAN Service Option) owing to:

(a) a fault attributable to Optus, then Optus will use its reasonable endeavours to restore the PowerON Compute Service (and any applicable Service Options) as soon as reasonably practicable. If Optus is unable to restore the PowerON Compute Service (and any applicable Service Options) within seven days, then you may cancel the Service and such cancellation will be your sole remedy against Optus. In such an event, You will not incur a Cancellation Fee but Your liability to Optus will be to pay the monthly recurring charges and any other Fees and Charges due up to and including the effective date of cancellation; or

(b) a fault not attributable to Optus, then Optus will not be liable to you for any resulting failure, disruption or degradation of the PowerON Compute Service (or any applicable Service Options) and you will pay all Fees and Charges payable by you for the Service despite the failure, disruption or degradation of the Service.

16.9 You must provide all necessary assistance to enable location and rectification of any fault, regardless of whether that fault is the responsibility of Optus or another Supplier.

17. Service Level Availability

17.1 Service Availability is measured using statistics on scheduled Service uptime generated locally within the Optus PowerON Compute Service Boundary, and Optus PowerON Compute with vSAN Service Option Boundary. Optus warrants that:

(a) Optus PowerON Compute Service Availability will be at least 99.99%; and

(b) Optus PowerON Compute vSAN Service Option will be at least 99.99%.

17.2 Service Availability for Optus PowerON Compute (excluding the vSAN Service Option) is the total percentage of time during which:

(a) network paths between the core PE routers and the Optus PowerON Compute platform are available for unhindered flow of data;

(b) the Optus PowerON Compute VPDC Self Service Portal is powered on and available to accept and execute commands from You, or, from Optus staff on behalf of the You through the MAC process; and

(c) items that are excluded and defined as Service Level Exclusions and are omitted from the Service Availability uptime as defined in clause 17.4.

17.3 Service Availability for the Optus PowerON Compute vSAN Service Option is the total percentage of time during which:


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(a) network paths between the core PE routers and the vSAN Service Option Virtual Storage Array allocated to You are available for unhindered flow of data;

(b) the Virtual Storage Array allocated to You is powered on and available to accept commands from You through the Self Service Command Line Interface, or, from Optus staff on behalf of the You through the MAC process; and

(c) items that are excluded and defined as Service Level Exclusions and are omitted from the Service Availability uptime as defined in clause 17.4.

17.4 Optus defines the Service Level Exclusions for Optus PowerON Compute (including any related Service Options) as:

(a) any non-availability to Your data caused by You issuing a command that prohibits the data from being available;

(b) any non-availability to Your data caused by You requesting a specific MAC be performed that renders the data inaccessible where Optus have advised You that such a command would render the data inaccessible;

(c) scheduled maintenance window. The calculation of Optus PowerON Compute Service Availability and Optus PowerON Compute vSAN Service Option excludes downtime resulting from scheduled maintenance performed during the scheduled maintenance window (Monday 2:00am - 6:00am AEST);

(d) disruption, delay and latency attributed to data traversing over networks outside of the Optus PowerON Compute Service Boundary, or Optus PowerON Compute vSAN Service Option Boundary including the Optus Evolve IP VPN or other valid Optus network (including Uecomm Ethernet Networks),or other service degradation issues occurring outside the Optus PowerON Compute Service Boundary, or Optus PowerON Compute vSAN Service Option Boundary;

(e) insufficient bandwidth on the valid Optus network chosen by You;

(f) distributed "denial of service attacks" or similar deliberate or malicious attempts by third parties to interrupt the Service;

(g) availability or degradation of any third party software used with the Service, including Software Services provided as a Service Option; and

(h) availability of the Optus network connection, which you use to connect to the Optus PowerON Compute Service platform, or Optus PowerON Compute vSAN Service Option platform.

17.5 Within the Optus PowerON Compute Service Boundary Compute (excluding the vSAN Service Option), the Service is Unavailable when:


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(a) you are unable to run Virtual Machines from the VPDC Self Service Portal platform due to an issue with the Optus PowerON Compute infrastructure and such inability is solely caused by Optus' act or omission and that is not an Excluded Event; or

(b) any outage due to scheduled maintenance for the Service exceeds the stipulated weekly scheduled maintenance window.

17.6 Within the Optus PowerON Compute vSAN Service Option Boundary, the Service is Unavailable when:

(a) you are unable to access your data, the vSAN Virtual Storage rray Storage Volumes or Storage Tree File Structure on the platform due to an issue with the platform infrastructure and such inability is solely caused by Optus' act or omission and is not an Excluded Event; or

(b) any outage due to scheduled maintenance for the Service exceeds the stipulated weekly scheduled maintenance window.

17.7 A period of Unavailability begins when:

(a) you have reported the outage or inaccessible data access as an Incident to the service desk in accordance with clause 16; or

(b) Optus has notified you of the unavailability of the Service (defined as, “Unavailable” or “Unavailability”, as applicable).

17.8 The Service ceases to be Unavailable at the time when Optus notifies you that the Service is available. The notification from Optus could be in the form of a telephone call, voice message, fax, e-mail or text message.

17.9 If it is determined that the Service is Unavailable as set out in clause 17.5, clause 17.6 and clause 17.7, then your only remedy in relation to that Unavailability will be the Service rebates (if any) calculated in accordance with clause 18.

18. Service Rebates

18.1 Your only remedy in relation to faults in the Service or the Service being Unavailable will be the applicable rebates (if any) set out in Table 1 and Table 2. The rebates will be calculated on:

(a) the Service Availability Attainment for Optus PowerON Compute (excluding the vSAN Service Option) per month as identified in Table 1; and

(b) the Service Availability Attainment for Optus PowerON Compute vSAN Service Option per month as identified in Table 2.

18.2 A service rebate is not redeemable for cash.

18.3 In any given month the Service rebate that may apply for Unavailability of the:


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(a) Optus PowerON Compute Service (excluding the vSAN Service Option) shown in Table 1 is capped in aggregate for all claims at 30% of your monthly recurring charge ("MRC") for the impacted Service applying in the month the Service is Unavailable. Service rebates will be applied only to the Service charges payable for the Service for which the Service rebate was incurred; and

(b) Optus PowerON Compute vSAN Service Option shown in Table 2 is capped in aggregate for all claims at 30% of the Estimated Monthly Data Storage Fees (EMDSF) for the impacted Service applicable to the month the Service is Unavailable. Service rebates will be applied only to the Service charges payable for the Service for which the Service rebate was incurred.

18.4 You must claim any Service rebate in writing within 20 working days of the billing month directly after the month in which the services were Unavailable.

18.5 Once a claim is made in accordance with this clause, Optus will calculate the Service rebate (if applicable) and credit to your account an amount equal to the Service rebate.

18.6 You will only be entitled to receive a rebate under either this Service Description or a Related Service Descriptions, whichever has the greater entitlement, if:

(a) you elect to receive a service in conjunction with a Related Service Description, (including Optus Evolve IP VPN); and

(b) you become entitled to receive a service rebate in accordance with this Service Description and one or more Related Service Descriptions.

18.7 The Service rebate entitlement is calculated in accordance with Table 1 and Table 2 and clause 18.8.

Table 1: Service Rebates for Optus PowerON Compute (excluding the vSAN Service Option)

Optus PowerON Compute Service Availability Description

Optus PowerON Compute - Service Availability Attainment

Service Rebate Rate(% of MRC)

Customer can access the Optus PowerON Compute VPDC Self Service Portal and run Virtual Machines for which resources have been assigned.

100% to 99.99% 0%

99.98% to 99.95% 5%

99.94% to 99.90% 10%

99.89% to 99.80% 15%

99.79% to 99.60% 20%

99.59% to 99.01% 25%

Less than or equal to 99.00% 30%


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Table 2: Service Rebates for Optus PowerON Compute vSAN Service Option

Optus PowerON Compute vSAN Service Option Availability Description

Optus PowerON Compute vSAN Service Option - Service Availability Attainment

Service Rebate Rate(% of EMDSF)

Customer can access the Optus PowerON Compute vSAN Service Option via the Remote Command Line Interface and data is accessible on the Optus PowerON Compute vSAN platform.

100% to 99.99% 0%

99.98% to 99.95% 5%

99.94% to 99.90% 10%

99.89% to 99.80% 15%

99.79% to 99.60% 20%

99.59% to 99.01% 25%

Less than or equal to 99.00% 30%

18.8 Service Rebates are calculated based on the Service Availability Attainment for:

(a) Optus PowerON Compute (excluding vSAN Service Option); and

(b) Optus PowerON Compute vSAN Service Option.

Any Service Rebates will be calculated using the following formula:

A = D – E

B = D – (E+F)

C = B/A * 100

Where;

A = Scheduled System Uptime

B = Actual Uptime

C = Service Availability Attainment

D = Number of minutes in measured period

E = Number of minutes of scheduled routine maintenance

F = Number of minutes system was not available

Example 1 Rebate Calculation: Optus PowerON Compute platform unavailable for 3 hours (outside of any scheduled outages) in a 30 day month:

A = D - E


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B = D - (E + F)

C= B/A x100

A Scheduled System Uptime 42240

B Actual Uptime 42060

C Service Availability Attainment 99.57%

D Number of minutes in measured period 43200

E Number of minutes of scheduled routine maintenance

960

F Number of minutes system was not available 180

Based on a Service Availability Attainment of 99.57% the applicable rebate is 25% of the Monthly Recurring Charge (MRC).

Example 2 Rebate Calculation: Optus PowerON Compute vSAN Service Option unavailable for 3 hours (outside of any scheduled outages) in a 30 day month:

A = D - E

B = D - (E + F)

C= B/A x100

A Scheduled System Uptime 42240

B Actual Uptime 42060

C Service Availability Attainment 99.57%

D Number of minutes in measured period 43200

E Number of minutes of scheduled routine maintenance

960

F Number of minutes system was not available 180

Based on a Service Availability Attainment of 99.57% the applicable rebate is 25% of the Estimated Monthly Data Storage Fees (EMDSF). The Estimated Monthly Data Storage Fees are calculated as the average daily quantity of storage consumed during the calendar month multiplied by the fee. For example, if You had the Optus PowerON Compute vSAN Service Option and You stored 5 Terabytes of data on the platform, then the calculation would be:

StorageRate is the monthly fee as shown in Appendix 1, item B(i)

Rebate Due = ((5 Terabytes of data) * StorageRate ) * Applicable Rebate


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19. Third party software arrangements

19.1 Optus may make available as a Service Option certain third party software for you to use pursuant to the Service. You acknowledge that:

(a) your use of any such third party software is conditional on your acceptance of and compliance with the relevant Third Party Licence Terms;

(b) the Third Party Licence Terms may be amended from time to time. If you do not respond to any request from Optus for you to accept the amended Third Party Licence Terms, Optus may cancel your right to use the third party software. If you do not accept the amended Third Party Licence Terms, you must cancel the Service;

(c) Optus is not the manufacturer of the third party software does not make any warranties with respect to the software and the only warranties, if any, available to you are the standard third party software manufacturer warranties that Optus will use reasonable endeavours to transfer the benefit of, to you;

(d) you are not permitted to remove, modify or obscure any copyright, trade mark or other proprietary notice contained in any such third party licensed software;

(e) Optus may be required to keep records of and provide details relating to your use of software to a third party licensor and you authorise Optus to do so; and

(f) Optus may cancel your right to use the third party software at any time, for example, if the licence granted to Optus by the third party licensor ends.

19.2 Where you choose a Service Option in which software owned or licensed by Microsoft or its Related Bodies Corporate forms part of or is provided pursuant to the Service Option, the Third Party Licence Terms set out in Appendix 2 will apply.

19.3 Where you source the software you wish to use in conjunction with the Service other than through a Service Option, you are responsible for ensuring you obtain all necessary approvals and licences to authorise you to use the software in conjunction with the Service and comply with all terms applying to use of that software.

19.4 Optus may but is not obliged to provide links from the VPDC Self Service Portal to internet sites from which you may be able to source other software from the software licensor. The inclusion of a link does not imply an endorsement by Optus of the third party site or software. Optus does not make such software available to you as a Service Option. Optus has no liability or responsibility for such software. Optus makes no recommendation, warranty or representation of any kind in relation to any third party site or software that you may access through these links. You are responsible for assessing the suitability of the software for your use in conjunction with the Service and the applicable licence terms.


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20. Routine Maintenance

20.1 Optus will conduct routine maintenance of the Optus PowerON Compute platform and the Optus PowerON Compute with vSAN Service Option platform in accordance with the following:

(a) Optus requires outages windows to be available for routine maintenance from 2am to 6am every Monday morning Australian Eastern Standard Time / Australian Eastern Daylight Time (as applicable), to be used at the discretion of Optus ("Outage Windows");

(b) the maximum total outage to you due to routine maintenance conducted during Outage Windows for any calendar month is targeted to be no more than 60 minutes;

(c) Optus will advise you at least five (5) days in advance if it needs to perform routine maintenance during the Outage Windows; and

(d) Optus will use best endeavours not to exceed the targets identified in this clause, but does not guarantee they will not be exceeded.

21. Your Data and Optus PowerON Compute Service

21.1 Data licence

(a) For the Optus PowerON Compute Service (excluding any Service Options) You authorise Optus to copy and store the data you store on the Optus PowerON Compute platform for the sole purpose of providing you with the Service;

(b) If you have chosen the Optus PowerON Compute with vSAN Service Option You authorise Optus to copy and store the data you store on the PowerON Compute vSAN platform for the sole purpose of providing you with the Service.

21.2 Data recovery

(a) For the Optus PowerON Compute Service (excluding any Service Options) - In the event of critical failure of the Service the level of business continuity is limited to the recovery of your Virtual Machine configuration only and does not extend to the contents of your Virtual Machine. Optus recommends that you ensure you have backup copies of any data stored on the VPDC and have business continuity and/or disaster recovery policies in place. Optus through Alphawest may be able to provide customised data and migration services separately, however such services are not part of the Service.

(b) If you have chosen the Optus PowerON Compute with vSAN Service Option - In the event of critical failure of the Service the level of business


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continuity is limited to the recovery of the allocated Virtual Storage Array, Storage Volumes and configuration and does not extend to the data content placed by the Customer onto the Optus PowerON Compute vSAN platform. Optus recommends that you ensure you have backup copies of any data stored on the Optus PowerON Compute vSAN platform and have business continuity and/or disaster recovery policies in place. Optus through its related body corporate, Alphawest, may be able to provide customised data and migration services separately, however such services are not part of the Service.

21.3 Data protection

(a) The Optus PowerON Compute Service (and Optus PowerON Compute with vSAN Service Option) keeps customer data on shared storage which is logically separated and kept private from other customers and third parties by way of specialist software. While all customer data in the Optus data centre is stored within Australia, Optus is not responsible for the security and content of the data as it traverses beyond the Optus PowerON Compute Boundary, or the Optus PowerON Compute with vSAN Service Option Boundary.

(b) Optus uses third parties, including related bodies corporate and their suppliers, to provide the Service. Third parties will have access to the Optus PowerON Compute platform and Optus PowerON Compute with vSAN platform including shared storage for the purpose of support and maintenance.

21.4 Redundancy and Security measures

The Service protects your data from external attack in the following ways:

(a) External data security. At the hardware level, your data is stored within an Optus data centre certified to ISO27001 Information Security Management System standard. The Optus data centre has security features which may include the following: N+1 redundancy for all critical subsystems including air-conditioning, UPS and emergency power generation, 24x7 security including staged manlocked area, CCTV and electronic proximity cards. Storage array technologies are used, with full power, disk, raid, disk shelves and controller redundancy. These security features are subject to change at Optus’ discretion;

(b) Internal Data Security. The PowerON Compute infrastructure and PowerON Compute with vSAN infrastructure is multi-tenanted. The hosted Compute and vSAN storage environment protects your data from internal attack in the following ways:

Optus PowerON Compute (excluding the vSAN Service Option)(i) Physical from Virtual (Hypervisor). Your virtual machines are

protected from attacks from the shared, underlying physical infrastructure by the VMware Hypervisor. The Hypervisor is a layer of software that abstracts the networking, computing and


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storage resources from the physical infrastructure and provides them for use by the Virtual Machines deployed by customers on the VPDC platform; and

(ii) Networking (VRFs and Firewalls). Your data traffic to and from the Virtual Machines hosted on the VPDC platform is separated by Virtual Routing and Forwarding (VRF) technology. This technology separates streams of data into “tunnels” for each customer across the platform. This is designed to ensure that a particular customer’s data traffic cannot mix with another customer’s traffic, despite traversing the same physical infrastructure.

Optus PowerON Compute with vSAN Service Option(iii) Networking (VPN, VRFs, VSIs and Firewalls). Your data traffic

to and from the Optus PowerON Compute with vSAN Service Virtual Storage Array Storage Volumes utilises industry standard network virtualisation techniques. This technology creates different virtual networks and separates streams of data into “tunnels” for each customer across the platform. Traffic is separated into a separate MPLS VPN for each customer with each customer utilising their own Virtual Routing and Forwarding (VRF) service. The networking element is designed to ensure that a particular customer’s data traffic does not mix with another customer’s traffic, despite traversing the same physical infrastructure; and

(c) Access to the Optus PowerON Compute (and PowerON Compute with vSAN Service Option). Access to both platforms are restricted to nominated users of the Company in the following manner:

Optus PowerON Compute (excluding the vSAN Service Option)

(i) VPDC Self Service Portal. It is your responsibility to deploy, configure, operate and remove Virtual Machines within the VPDC environment using the VPDC Self Service Portal. See Technical Operations Guide for more details.

Optus PowerON Compute with vSAN Service Option

(ii) Self Service Command Line Interface. Command line access is provided through remote shell (RSH). The interface is protected by a unique log in pass word, which You must protect. The connection is encrypted and the shell is not interactive, commands are encrypted and authenticated. It is your responsibility to deploy, configure, operate and remove Storage Volumes and Root Directories within the allocated Virtual Storage Array within the Optus PowerON Compute with vSAN Service. See Technical Operations Guide for more details.

21.5 Data privacy considerations


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If you collect Personal Information and use the PowerON Compute Service (including the vSAN Service Option) to store records of Personal Information, You, and not Optus shall be responsible for compliance with the Commonwealth Privacy Act 1988 including the National Privacy Principles (or any replacement principles) and any other laws applicable to you relating to handling Personal Information. You acknowledge that in relation to this Personal Information:

(a) Optus is not responsible for contacting any individual in relation to collection, use, disclosure or any other handling of the individual's Personal Information as part of the Service;

(b) you are solely responsible for ensuring your collection, use, disclosure and any other handling of that data as part of the Service (including its storage on the PowerON Compute platform or the PowerON Compute vSAN platform and the information provided to individuals about how their data is handled) complies with all laws applying to you or Optus and any other obligation applying to you; and

(c) Optus will refer to you any matter raised by a third party relating to Personal Information you store on the PowerON Compute platform. You must handle all referred matters at your cost and you agree to indemnify Optus for all Loss Optus incurs in handling such matters.

21.6 Location The Optus PowerON Compute infrastructure (and Optus PowerON Compute vSAN platform) resides within Australia. However, it should be noted that data traffic to and from the platform is facilitated by both the Optus Evolve VPN network, which potentially has global reach. For example, how you choose to deploy and configure network connectivity options may mean that data leaves Australia.

21.7 No physical access rights Optus will not permit you nor any person you nominate any physical access to the PowerON Compute infrastructure nor to any facility where that infrastructure resides.

21.8 No inspection or audit rights Optus will not permit you nor any person you nominate to have any right to inspect or conduct an audit either physically or remotely of the PowerON Compute infrastructure nor to any facility where that infrastructure resides.

22. Your acknowledgements and obligations

22.1 In using the Service, you must:

(a) comply with the Optus PowerON Cloud Solutions Acceptable Usage Policy (if any);

(b) not engage in any activity that breaches any law, order, regulation or industry code of practice, including but not limited to:


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(i) activity relating to content which is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable; or

(ii) fraudulent activity;

(c) comply with any rules imposed by any third party whose content or services you access using the Service or whose network your data traverses;

(d) not infringe any person's intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner);

(e) where you source the software you wish to use in conjunction with the Service other than through a Service Option, ensure you obtain all necessary approvals and licences to authorise you to use the software in conjunction with the Service and comply with all terms applying to use of that software;

(f) not perform any performance or stress testing on the Service without prior written approval from Optus;

(g) where requested by Optus, provide reasonable business forecasts and strategic direction;

(h) not attempt any penetration or security testing without prior written approval from Optus;

(i) obtain and maintain current licensing for all third party owned software you use in conjunction with the Service prior to the termination of the Service, ensure you make a copy of all your data stored by you on the Optus PowerON Compute platform (and the Optus PowerON Compute vSAN platform if the Service Option was chosen by You) by downloading over the network, or alternatively purchase a service for data extraction of all your data. Optus through Alphawest may be able to provide customised data and migration services separately, however such services are not part of the Service; and

(j) prior to the termination, expiration or cancellation of the Service, remove all your data from the Optus PowerON Compute platform (and Optus PowerON Compute vSAN platform if the Service Option was chosen by You).


(a) If You, or someone with access to the Service, use the Service in a way that Optus reasonably believe violates this clause 22 Optus may take any responsive action Optus deems appropriate.


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(b) Such actions may include (but are not limited to) temporary or permanent removal of data and the immediate suspension or cancellation of all or any portion of the Service.

(c) Optus may take any other legal or technical action we deem appropriate, including taking action against offenders to recover the costs and expenses of identifying them. If your use of the service causes a loss to third parties and we are required to pay compensation, we may require you to reimburse us.

(d) We reserve the right to investigate any use of the service that we reasonably suspect violates this policy, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of transmissions and material on our servers and network. During an investigation, we may suspend the Service and/or remove material that we reasonably believe potentially violates this clause 22.

(e) In order to enforce this clause 22, you authorise us (or our agents) to cooperate with:

(i) law enforcement authorities in the investigation of suspected criminal violations, and

(ii) system administrators at other Internet service providers or other network or computing facilities.

(f) Any failure by us to enforce this clause 22, for whatever reason, shall not necessarily be construed as a waiver of any right to do so at any time.

(g) the Service may rely for its operation on services supplied by third parties, who are not controlled or authorised by Optus;

(h) Optus does not warrant that the service is free from error or Interruption;

(i) the Service incorporates third party software for which the software manufacturer advises is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility, aircraft operation, air traffic control or life support system. Optus disclaims any express or implied warranty of fitness for such uses;

(j) Optus does not exercise any control over, authorise or make any warranty regarding:

(i) your right or ability to use, access or transmit any content (whether error-free, in time, or at all) using the Service;

(ii) the accuracy or completeness of any content which you may use, access or transmit using the Service;


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(iii) the consequences of you using, accessing or transmitting any content using the Service, including without limitation any virus or other harmful software; or

(iv) any charges which a third party may impose on you in connection with your use of the Service; and

(k) Optus may but is not obliged to provide links to internet sites from which you may be able to source other software from the software licensor. The inclusion of a link does not imply an endorsement by Optus of the third party site or software. Unless Optus makes that software available to you as a Service Option, Optus has no liability or responsibility for such software. Optus makes no recommendation, warranty or representation of any kind in relation to any third party site or software that you may access through these links. You are responsible for assessing the suitability of the software for your use in conjunction with the Service and the applicable licence terms.

22.3 You are responsible for providing any security or privacy measures for your computer networks and any data stored on those networks or accessed through the Service. Optus will incur no liability to you in relation to any loss, damage, costs or expenses suffered or incurred by you as a result of your failure to provide that security or privacy measures.

22.4 You acknowledge that Optus may modify or vary:

(a) the PowerON Compute Service and VPDC platform. If Optus makes that modification it will use reasonable endeavours to perform in a manner that provides technical and operational continuity.

(b) the PowerON Compute with vSAN platform and Self Service Command Line Interface. If Optus makes that modification it will use reasonable endeavours to perform in a manner that provides technical and operational continuity.

22.5 You indemnify Optus for all Loss suffered by Optus as a result of any claim by a third party relating to your data, the use you make of any software in connection with the Service or your use of the Service.


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DICTIONARY

Acceptable Use Policy means the Optus Business Acceptable Use Policy as set out in Appendix HH and any Optus PowerON Cloud Solution acceptable usage policy (if any such policy is published on the Optus Business website and the Optus Standard Agreement website as amended from time to time. The Acceptable Use Policy sets out the rules and guidelines with which you must comply in using the Service.

AEST means Australian Eastern Standard Time.

Allocation is the Virtual Storage Array Storage Array that is allocated to you for your use.

Approved Optus Data Centre is an Optus data centre which either Optus own, or has a commercial agreement in place for the leasing of space in which the infrastructure to deliver the Service is provided.

Byte is the smallest unit of storage accessible by a computer. It consists of 8 binary digits or bits.

CCTV means Closed Circuit Television, a system which sends television signals to a limited number of screens that are monitored by security personnel.

CHAP means the Challenge Handshake Authentication Protocol for connecting to a computer storage system, defined in RFC 1994.

CIFS means the Common Internet File System, the file sharing protocol used in Microsoft Windows based computer systems. The word "Internet" in CIFS does not refer to the global Internet but to generic internetworking. There are two versions of CIFS, Server Message Blocks (SMB) version 1 and 2. Version 2 is the preferred method of access to Optus for use of the Optus PowerON Storage Service, as it is less “chatty” than Version 1. Customers who use older compute file system technologies, such as those found in Windows 2003, or Windows XP or older operating systems will require SMB version 1.

CIFS Share means, for the purposes of this Service Description, the CIFS authentication that will be performed through the integration of the Customer’s allocated Virtual Storage Array (Virtual Storage Array) to the Customer’s on-premise Active Directory (AD) domain. CIFS will be available as a protocol to the Customer from the PowerON Compute with vSAN Service Option.

CPU means the Central Processing Unit in a computer.

Customer Disk(s) means the virtual containers that are created within a Storage Tree that are configured to include a valid File System Access Type.

Customer’s Storage Trees means the Q-tree functionality of the Customer’s NetApp Storage Array storage infrastructure.

Customer Support Guide means, the manual that Optus provides to you for use in conjunction with the Service as amended from time to time.

Customer Volume means the same as Storage Volumes.


http://www.ietf.org/rfc/rfc1994.txt

http://www.optus.com.au/dafiles/OCA/AboutOptus/LegalAndRegulatory/SharedStaticFiles/SharedDocuments/AppHH.doc

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Downgrade means if you reduce the amount of reserved storage quota that you need by more than 10% of the storage quota requested at the start of the contract.

File System Access Type means the protocols that are allowed to be used within the Virtual Storage Array Storage Volumes. The File System Access Types supported are NFS shares, CIFS shares and iSCSI LUNs.

Firewall means a computer system that limits the data that can pass through it and protects the network servers and data storage devices from damage by unauthorised users.

GigaByte means, for the purposes of this Service Description, 1000 Megabytes. That is, 1GB is 1000 Megabytes.

Hertz means one cycle per second.

Hypervisor means a software layer construct that sits between one or more operating systems and the physical server. It translates virtual hardware instructions to physical hardware.

Incident means any event which is not part of the standard operation of a service and which causes, or may cause, an interruption to, or a reduction in the quality of that service.

iSCSI LUN means, for the purposes of this Service Description, a connection from the Optus PowerON Compute vSAN platform to the Customer’s computer and storage systems over IP using the iSCSI protocol and LUN. The iSCSI protocol allows the Customer’s servers (referred to as Initiators) to send iSCSI commands and data to connected storage devices that are referred to as Targets (ie. Optus PowerON Compute vSAN Virtual Storage Array). iSCSI provides block level access to LUNs on the PowerON Compute vSAN Virtual Storage Array the Customer’s Windows and UNIX-type users. As iSCSI has higher bandwidth requirements than a CIFS or NFS shares, it is important that they are used only if the appropriate link sizing and latency calculations have been made.

Large Volume means more than 500 Slices or more than 10 000 Gigabytes of storage (either standard or performance).

LUN means, a Logical Unit Number or LUN. A LUN is a number used to identify a logical unit, which is a device addressed by the SCSI protocol or similar protocols such as Fibre Channel or iSCSI. A LUN may be used with any device which supports read/write operations and is most often used to refer to a logical disk as created on a Storage Area Network.

Maximum Storage Volume Allowance means the maximum number of Storage Volumes that the Customer is allocated as part of the standard Optus PowerON Compute vSAN Service Option. The maximum number of Storage Volumes that can be allocated to the Customer is 5.

MPLS means Multiprotocol Label Switching. MPLS is a mechanism in high-performance telecommunications networks that directs data from one network node to the next based on short path labels rather than long network addresses, avoiding complex lookups in a routing table. The labels identify virtual links (paths) between distant nodes rather than endpoints.


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Move, Add or Change (or MAC) means any of the following:

(a) Simple MAC: a move, add or change affecting a single element that is performed remotely with no change to design, and is listed in the MAC Catalogue within the Customer Support Guide;

(b) Complex MAC: a move, add or change that may require a design change, and is listed in the MAC Catalogue within the Customer Support Guide; or

(c) Project: a request that does not adhere to being a Simple MAC or a Complex MAC and affects multiple elements and that requires a formal statement of works or project plan to be agreed between You and Optus prior to implementation (subject to quotation by Optus).

NFS means, for the purposes of this Service Description, the Network File System (NFS) that is a client/server network protocol that allows a user to store, update and view files on a remote computer or storage system as though the data was on the user's own computer storage systems.

NFS Share means, for the purposes of this Service Description, the Customer’s users who wish to use NFS on their computer systems and who wish to establish a NFS client / server link between their computer system and the Optus PowerON Compute vSAN platform. There are two versions of NFS supported by the Optus PowerON Compute vSAN platform, NFSv3 and NFSv4. NFSv3 is the preferred version and will be made available to the Customer.

On-Boarding Form means a series of printed forms or an excel spreadsheet used to capture information from the Customer about the configuration(s) desired by the Customer to form the Service. The information captured may also include information that is necessary for the basic configuration of the Service.

Outage Windows means the period of time that Optus requires to be available for conducting routine maintenance. The Outage Window is defined as being from 2am to 6am every Monday morning Australian Eastern Standard Time / Australian Eastern Daylight Time (as applicable), to be used at the discretion of Optus ("Outage Windows");

PE Routers means Provider Edge Router. A PE Router is the router between one area of the Optus network and another area of the Optus network.

PowerON Compute with vSAN Boundary means the egress port of the PowerON Compute vSAN platform and the ingress port of the PowerON Compute vSAN firewall.

Q-tree means the same as Storage Tree.

Related Service Description means a Service Description for a service that may be supplied to you in conjunction with the Service.

Resource Pools means a logical grouping of resources, which may include compute and/or storage resources.


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RSH remote shell means the user interface provided to the Customer whereby they can log in to the Self Service Command Line Interface.

Self Service Command Line Interface means the interface that will be made available to the Customer for issuing commands that affect the storage resources allocated to the Customer.

Slice has the meaning given by clause 8.4.

Software Services means the availability of or ability to use third party software as a Service Option.

Snapshot means, for the purposes of this Service Description, Snapshot technologies that will be offered to the Customer allowing the Customer to take snapshots of their allocated Virtual Storage Array Storage Volumes. The Customer can set up snapshot schedules through the Self Service Command Line Interface for CIFS and NFS Shares.

Storage Allowance means, the quantity in GigaBytes (GB) that the Customer requests for use with the Optus PowerON Compute with vSAN Service Option. Optus reserves the right to accept or refuse the Customer’s request if it deems that the Customer is unlikely to use the requested quantity of storage on a regular basis (ie. during every month).

Storage Quota means a limit to the amount of storage that the Customer has available within the allocated Virtual Storage Array and Storage Volumes.

Storage Tree means, for the purposes of this Service Description, the NetApp Q-tree directories within a Storage Volume that are used to:

Assign the Customer’s CIFS Shares, NFS Shares and iSCSI LUNs;

Assign storage resource quota capacity to the Customer for the purpose of storing their data;

Hold special attributes such as quota management, snapshots information; and

Store the Customer data.

A Q-tree should be contained within their own root directory. This is recommended as good hygiene for easier data storage management and provides a granular level of control. Q-tree structures will also help with the use of replication technologies.

Storage Volume means the logical file system structure that is made visible to the Customer’s allocated Virtual Storage Array (Virtual Storage Array) that resides within the Optus Data Centre in order that the Customer can consume storage. There is a maximum limit of 5 volumes allowed per Customer. There will be one volume assigned with the creation of the Customer’s allocated Virtual Storage Array, with a minimum of 500GB of storage space allocated. A Storage Volume has a maximum size limit of 16TB.

Storage Volume Limit means the maximum amount of storage space (GB) that can be consumed by the Customer on a specific Storage Volume.


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Technical Operations Guide means, the manual that Optus provides to You for use, containing technical information and procedures, in conjunction with the Service as amended from time to time.

Terabytes means for the purposes of this Service Description, 1000 GigaBytes. That is, 1TB is 1000 GigaBytes.

Third Party Licence Terms means the terms applying to your use of third party software provided to you as a Service Option.

Unavailable/ Unavailability means the amount of time that you are unable to access your data, the Virtual Storage Array Storage Volumes, or the Storage Tree File Structure on the Virtual Storage Array that is not related to an Excluded Event.

Virtual CPU means a virtualised instance of a CPU and its behaviour is consistent with that of a physical CPU.

Virtual Machine means a software implementation of a computer that executes functionality similar to a physical machine. It consists of predefined or variable amounts of computing resources obtained from a shared or dedicated pool of compute resources.

Virtual Processor or Processor means a virtualised instance of a CPY and its behaviour is consistent with that of a physical CPU.

Virtual Storage Array means the device that Optus allocates to the Customer for the Service.

VPDC means virtual private data centre.

VPDC Boundary means the egress port of the VPDC Internet gateway and the ingress port of the VPDC firewall.

VPDC Self Service Portal means a remote, on-line web portal accessible using a supported web browser.

VPN means the Optus Virtual Private Network that uses the Optus telecommunication infrastructure to provide remote offices or individual users with secure access to their organisations network.

VRF means Virtual Routing and Forwarding. Virtual Routing and Forwarding is a technology included in the use of Internet Protocol network routers that allow multiple instances of a routing table to exist in a router and work simultaneously.


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Appendix 1 – Service Charges

A) Optus PowerON Compute Pricing

(i) Optus PowerON Compute - Establishment Charges

Optus PowerON Compute Establishment Charges

Frequency Establishment Charge

(Excluding GST)

Establishment Charge (for the Optus PowerON Compute Service)

Once Off $500.00

(ii) Optus PowerON Compute – Monthly Charges

Description Frequency Monthly Recurring Charge (MRC)

(Excluding GST)

Per 500MHz Compute and 1GB Memory Slice

Monthly $60.00

Per GB of Performance Storage

Monthly $0.60

Per GB of Standard Storage Monthly $0.30

(iii) Optus PowerON Compute – Moves, Adds and Changes

Per Instance Charges (Excluding GST)

Per Simple MAC

NOTE : Two (2) Simple MACs per month are included in the monthly recurring charges for the Optus PowerON Compute Service. Additional MACs beyond this limit are chargeable.

$130.00

Per Complex MAC $350.00

See overleaf for Optus PowerON Compute Service Option pricing.


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B) Optus PowerON Compute Service Option Pricing

Charges for all Optus PowerON Compute Service Options

(i) vSAN

Description Frequency Establishment Charge(Excluding GST)

Establishment Charge for Optus PowerON Compute with vSAN Service Option

Once Off $500.00

Snapshot Software

Request for access to NetApp Snapshot software to be placed within Your allocated vSAN Virtual Storage Array.

Once Off $130.00

Description Frequency Monthly Charge(Excluding GST)

Data stored ( per GB )

Data stored with total quantities recorded daily and charged for based on average daily quantity

NOTE : Minimum monthly commitment of 500GB is required and charged for.

Monthly $0.60 per GB (StorageRate)

Description(MAC Charges associated with vSAN)

Once Off Charges (Excluding GST)

Per Simple MAC (SMAC1 – SMAC18)

NOTE : Two (2) Simple MACs per month are included in the vSAN Service. Additional MACs beyond this limit are chargeable.

$130.00

Per Complex MAC (CMAC1 – CMAC4) $350.00


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(ii) Virtual Firewall Instance

Description Monthly Recurring Charge (MRC)

(Excluding GST)

Per Virtual Firewall Instance $300.00

Additional Virtual Firewall Simple MACs

(This charge applies to any Simple MACs above the five (5) Simple MACs included in the monthly charge for Virtual Firewall Instance.)

$300.00

(iii) Shared Internet Access

Description Monthly Charge (Excluding GST)

Per gigabyte (GB) download (for the first 250GB in any discrete billing month)

$2.50 per GB

Per gigabyte (GB) download (any amount above the initial 250GB in any discrete billing month)

$3.50 per GB

(iv) Additional Private Network

Monthly Recurring Charge (MRC)

(Excluding GST)

Per Additional Private Network $75.00

(v) Operating System Software Services

The rates for Operating System Software Services are available upon request in accordance with the procedure set out in the Optus PowerON Compute Customer Support Guide. Third party software licence charges may vary if the third party software provider’s pricing changes.


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(vi) Application Software Services

The rates for Application Software Services and any third party software licensing are available upon request in accordance with the procedure set out in the Optus PowerON Compute Customer Support Guide. Third party software licence charges may vary if the third party software provider’s pricing changes.


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C) Optus PowerON Compute Service Cancellation Fees

Cancellation fees apply to :

i. The Optus PowerON Compute Service (excluding the vSAN Service Option)

ii. The vSAN Service Option (if chosen)

If you have chosen to purchase the Optus PowerON Compute vSAN Service Option in conjunction with the Optus PowerON Compute Service then both service cancellation fees will apply. If you do not chose to purchase the vSAN Service Option then only the cancellation fees that are attributed to the Optus PowerON Compute Service apply.

i. Cancellation Fees attributed to Optus PowerON Compute Service (excluding the vSAN Service Option)

Committed Term

Cancellation Fee

Less than or equal to 12

months

100% of all amounts that would have been payable in respect of the recurring monthly charges for the remainder of the Committed Term from the date cancellation takes effect.

More than 12 months

Cancellation during first 12 months

100% of all amounts that would have been payable in respect of the recurring monthly charges for the period between the date cancellation takes effect and 12 months after the Service Start Date; and

20% of all amounts that would have been payable in respect of the recurring monthly charges for the period between 12 months after the Service Start Date and the expiry of the Committed Term.

Cancellation after first 12 months

20% of all amounts that would have been payable in respect of the recurring monthly charges for the period between the date cancellation takes effect and the expiry of the Committed Term.


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ii) Cancellation Fees attributed to Optus PowerON Compute vSAN Service OptionIf You cancel the vSAN Service Option , all of the data on the Service must be removed by the date the cancellation takes effect. The Cancellation Fee is calculated as follows:

Cancellation Fee – Type 1

If all data is removed from the Your allocated Virtual Storage Array the Cancellation Fee is:

(minimum monthly charge of a minimum commit of 500GB of space) X (remaining period of the Committed Term)

Cancellation Fee – Type 2

If You give notice to cancel but do not remove ALL data from Your allocated Virtual Storage Array by the date the cancellation was due to take effect, then:

1. If the data is equal to or less than 500GB of space then Cancellation Fee Type 1 will apply;

2. If the data totals more than 500GB then the Customer will be charged 100% of all monthly fees due based on the actual volume of data held at rest on the Optus PowerON Compute vSAN platform.


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Appendix 2 – Third Party Licence Terms

Base Software EULA v2012Feb29END USER LICENSE AGREEMENT FOR NETAPP, INC. SOFTWAREIMPORTANT – READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between You either as an individual or as an authorized representative of a business entity (hereafter referred to as “You” and/or “Your”), and NetApp, Inc. (“NetApp”). NetApp is willing to license to You the NetApp software product accompanying this EULA, which includes, withoutlimitation, computer software features, protocols, authorized updates and upgrades or other supplements to the software, images, music, text and/or animations incorporated into the software, media, printed materials, or online or electronic documentation, provided by NetApp or made available for download(collectively referred to as the “Software”). If You are accessing the Software via a media package, You agree to the terms stated herein. If You are accessing the Software electronically, indicate Your acceptance of these terms by selecting the “Accept” button at the end of this EULA. Your download, installation and/or use of the Software constitutes acceptance of all of the terms stated herein. If You donot agree with all of these terms, You must promptly return the Software to NetApp or the authorized reseller from which You obtained the Software.1. License Grant. Subject to payment of the applicable fees and the limitations and restrictions set forth herein, NetApp and its licensors grant to You a non-exclusive, non-transferable, worldwide, limited license, without right of sublicense, to install and use the Software in object code form only on a host computer or storage controller for Your internal business use, in accordance with the terms containedwithin Your ordering documentation (Your “Software Entitlement”) or as specified in the user documentation accompanying the Software (the “Documentation”). If the Software is licensed in a cluster, then You are licensed to use one (1) copy of the Software per cluster system. Your license to the Software is further restricted to the particular protocols and Documentation licensed hereunder. Use ofthe Software outside the scope of Your Software Entitlement or Documentation is unauthorized and shall constitute a material breach of this EULA and void the warranty and/or support obligations of which You may otherwise be entitled.2. License Restrictions. For Software licensed to You for use on a storage controller or cluster, the license is for the life of a specific controller identified by a unique serial number. If Software is licensed on a clustered system basis, then You shall not be permitted to decompile, split, breakup or reassign within a cluster storage architecture any parts of such a cluster. You are not permitted to extractSoftware in whole or in part from one controller and move it to another controller or cluster. Subject to any express restrictions contained within Your Software Entitlement or Documentation, You shall not nor shall You allow any third party to: (a) decompile, disassemble, decrypt, extract, or otherwise reverseengineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, or file formats of, or of any components used in the Software by any means whatever, except to the extent that NetApp is legally required to permit such activity pursuant to any applicable Third Party Software opensource license; (b) remove or conceal any product identification, copyright, proprietary, patent or other notices contained in or on the Software or Documentation; (c) use any “locked” or restricted feature, function, service, application, protocol, operation, or capability without first purchasing the applicable license(s) and/or obtaining a valid license enablement key from NetApp, even if such feature, function, service, application, protocol, operation or capability is technically achievable without a key; (d) sell, lease, rent, lend, sublicense, distribute or otherwise transfer in whole or in part the Software or the applicable license enablement key to another party or to a different storage controller or cluster; (e) use the Software to operate in a service bureau, managed service provider or commercial hosting services environment, or (f) modify the Software, incorporate it into or with other software, or create a derivative work of any part of the Software. Your modification of the Software will breach this EULA, and suchderivative work is and shall be owned entirely by NetApp or its licensors; You hereby assign and agree to assign to NetApp or the licensor of the Software all right, title and interest in and to said derivative work. You agree to use Software which NetApp has embedded in the NetApp equipment (“EmbeddedSoftware”) solely as embedded in, and for execution on, NetApp equipment You originally purchased from NetApp or its authorized resellers. You acknowledge that the Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility, aircraftoperation, air traffic control or life support system. NetApp disclaims any express or implied warranty of fitness for such uses.


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3. Benchmark Results. The results of any benchmark or comparison tests run on Software are considered to be the confidential information of NetApp. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent ofNetApp.4. Evaluation License. The Software may be licensed to You for evaluation use, either through the activation of an evaluation Software license key or pursuant to Your corresponding order documentation (“Evaluation Software”). If licensed to You for evaluation use, You have a non-exclusive, nontransferable,worldwide, limited license, without right of sublicense, to use the Evaluation Software andEvaluation Software license keys in a non-production environment, if applicable, for thirty (30) days from the date You receive the Evaluation Software or the evaluation period referenced within the order documentation. Notwithstanding the foregoing, if You have licensed Single Mailbox Recovery (“SMBR”) Evaluation Software You are licensed to use the SMBR Evaluation Software for no more thansixty (60) days. Your use of the Evaluation Software is authorized solely for the purpose of evaluating the suitability of the Evaluation Software for licensing on a for-fee basis. The warranty offered below is not applicable to Evaluation Software licensed to You; the Evaluation Software is licensed to You “AS IS” without warranty of any kind, whether express, implied, statutory or otherwise. NETAPP AND ITS LICENSORS BEAR NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (ORATTEMPTED USE) OF THE EVALUATION SOFTWARE THROUGH AND AFTER EXPIRATIONOF THE EVALUATION PERIOD. NetApp has no duty to provide support of any kind to You with respect to Your use of the Evaluation Software.5. Intellectual Property Rights. The Software and Evaluation Software are licensed, not sold, to You. The Software and Evaluation Software are protected by intellectual property and copyright laws and treaties worldwide, and may contain trade secrets of NetApp or its licensors, who have and maintainexclusive right, title and interest in and to the Software and Evaluation Software, and reserve and retain all rights not expressly granted to You herein. No right, title or interest in or to any trademark, service mark, logo or trade name of NetApp or its licensors is granted under this EULA. All title and intellectualproperty rights in and to software content which is not contained in the Software, but may be accessed or used through use of the Software, is the product belonging to the respective content owner and may be protected by patents, intellectual property and copyright laws and treaties worldwide. This EULA grants You no rights to such content, but use of such content may be governed by the respective terms and conditions of use relating to such content.Base Software EULA v2012Feb296. Audit. You agree to give NetApp or its licensors and its independent accountants the right to examine Your books, records, systems and usage associated with the Software during regular business hours upon reasonable notice to verify compliance with this EULA. If such audit discloses noncompliance with this EULA, You shall promptly pay to NetApp the appropriate license fees, plus the reasonable costs of conducting such audit.7. Termination. This EULA is effective until terminated. NetApp may terminate this EULA immediately and without notice if You fail to comply with any term of this EULA. Termination of this EULA shall not relieve You from Your obligations to immediately pay NetApp, or any third party in connection with the financing of fees payable under this EULA, any sums owed hereunder or under any other agreement with NetApp or such third party. Upon termination, all rights to use the Software will cease, and You shall promptly destroy the original and all copies of the Software and any license enablement keys in Your possession or under Your control. Termination is not an exclusive remedy and all other remedies otherwise entitled by law shall remain. Sections 2, 3, 4, 5, 7 through 12 shall survive termination of this EULA.8. Limited Warranty and Disclaimer. NetApp warrants that the Software, in the form originally licensed or downloaded by You, and under normal use and conditions, will materially conform to thencurrent Documentation, and its media will be free from defects in workmanship, for a period of ninety (90) days from the earlier of Your receipt of the Software or the date of delivery of the Software to You. This warranty covers only problems that are reproducible and verifiable, and does not cover software, or other items or any services provided by any persons other than NetApp or its authorized resellers and agents. Maintenance and support, if any, are governed by a separate agreement. NetApp does not provide support or maintenance services for software acquired from a party other than NetApp. You must obtain support or maintenance services for third party software from the third party licensor or its third party representatives. Software which has been abused, misused, damaged in transport, modified,


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or subjected to unauthorized use or installation, as determined by NetApp, shall void this warranty. NetApp’s sole obligation and Your exclusive remedy under the limited warranties above shall be replacement of the Software provided that You return the Software to NetApp with a copy of Your receipt or other such acceptable proof of purchase.EXCEPT FOR THE LIMITED WARRANTIES ABOVE, NETAPP AND ITS LICENSORS, DISTRIBUTORS AND RESELLERS MAKE NO OTHER EXPRESS OR IMPLIED WARRANTIESWITH REGARD TO THE SOFTWARE AND EVALUATION SOFTWARE. NETAPP AND ITSLICENSORS’, DISTRIBUTORS’ AND RESELLERS’ LIABILITY WITH RESPECT TO THESOFTWARE UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERTHEORY IS LIMITED EXCLUSIVELY TO SOFTWARE REPLACEMENT. THE SOFTWARE,EVALUATION SOFTWARE AND THE ACCOMPANYING DOCUMENTATION ARE OTHERWISEPROVIDED "AS IS" WITHOUT ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THEWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,ACCURACY, QUIET ENJOYMENT, CORRESPONDENCE TO DESCRIPTION,NONINFRINGEMENT, OR WARRANTY THAT THE SOFTWARE IS ERROR-FREE. SOMEJURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES; THESELIMITATIONS MAY NOT APPLY TO YOU.9. Limitation of Liability. THE TOTAL LIABILITY OF NETAPP, ITS DISTRIBUTORS,LICENSORS, AND RESELLERS FOR ANY DAMAGE OR CLAIM ARISING FROM USE OF THESOFTWARE OR THE ACCOMPANYING DOCUMENTATION SHALL NOT EXCEED THEAMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$100.00, WHICHEVER ISGREATER. NETAPP AND ITS DISTRIBUTORS, LICENSORS, AND RESELLERS ARE NOTLIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIALDAMAGES; LOST OR CORRUPTED DATA, LOSS OF PROFITS, SAVINGS, OR REVENUES;PROCUREMENT OF SUBSTITUTE GOODS, INTERRUPTION OF BUSINESS, OR FOR ANYOCCURRENCE BEYOND THEIR CONTROL, RELATED TO THE USE OF OR INABILITY TO USETHE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHERSERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THESOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OROTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA. IN NOEVENT SHALL NETAPP’S LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KINDINCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES(WHICH SHALL INCLUDE WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS ORPROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHERPECUNIARY LOSS) WHETHER BASED ON CONTRACT, TORT OR OTHER LEGAL THEORY,ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISEDOF THE POSSIBILITY OF SUCH DAMAGES.10. U.S. Government and Export Regulations. The Software is a Commercial-Off-The-Shelf (“COTS”) product developed at private expense; no portion of the Software has been developed with U.S. Government, State or other public-sector funds; the Software contains trade secrets and confidential commercial or financial nformation exempt from disclosure by 5 U.S.C. Section 552(B) (3) and (4) (Freedom Of Information Act) and 18 U.S.C. Section 1905 (Trade Secrets Act); and the ownership of the Software and any reproductions shall remain with NetApp. The Software is provided to U.S. Government Agencies other than the U.S. Department of Defense (“DOD”) with RESTRICTED RIGHTS and all supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosureby the U.S. Government is subject to the restrictions as set forth in the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19(b)(2). If the sale is to a DOD agency, the Government's rights in Software, supporting Documentation, and technical data are governed by the restrictions in theTechnical Data Commercial Items clause at DFARS 252.227-7015 and the Commercial Computer Software and Commercial Computer Software Documentation clause at DFARS 227-7202. Contractor/Manufacturer is: NetApp, Inc., 495 East Java Drive, Sunnyvale, CA 94089. Except as expressly licensed hereunder, all rights are reserved. The Software is subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply with all applicable regulations and obtain any applicable licenses or other authorizations to export, re-export, or import the Software.


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11. Third Party Software. Notwithstanding other statements in this EULA, third party software including free, copyleft and open source software components collectively referred to as “Third Party Software”), if any, are distributed in compliance with the particular licensing terms and conditions attributable to the Third Party Software. Copyright notices and licensing terms and conditions applicableto the Third Party Software are available for review with the Software documentation at http://now.netapp.com, and are included on the media on which You received the Software, within a “NOTICE” file (e.g., NOTICE.PDF or NOTICE.TXT) included within the downloaded files, and/or reproduced within the materials or Documentation accompanying the Software.12. General. You may not transfer Your rights under this EULA without NetApp’s prior written approval. NetApp does not waive any of its rights under this EULA by delaying to exercise its rights, or exercising only part of its rights at any time. Any notice, report, approval or consent required or permitted by this EULA shall be in writing. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the obligations of the parties shall remain in full force and effect and enforceable. You agree that NetApp may collect and use technical information, as well as, personal contact data, gathered in any manner as part of support or other services provided to You, if any, relatedto the Software. NetApp may use this information solely to improve NetApp’s products or to provide customized services or technologies to You. NetApp may disclose this technical information to others for the purpose of improving NetApp’s services, but not disclose in any form data that personally identifiesYou. This EULA shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California, United States, excluding its conflicts of law provisions. The United Nations Convention on Contracts for the International Sales of Goods is specifically disclaimed. You acknowledge that breach of this EULA would cause irreparable injury to NetApp for which monetary damages would not be an adequate remedy and You agree that NetApp shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law. You acknowledge and agree that NetApp reserves the right to control all aspects of any lawsuit or claim that arises or results from Your use of the Software. Any amendments or waivers shall be effective only if made in writing by nonpreprinted agreements clearly understood by both parties to be an amendment or waiver and signed by an authorized representative of each party. This EULA is the final and complete agreement between the parties relating to the license of the Software hereunder and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties. If you have entered into a purchase agreement or standard terms and conditions with NetApp or a NetApp subsidiary pursuant to which NetApp has agreed to indemnify You for third party claims of intellectual property infringement, NetApp agrees to extend this indemnity to a Software utility which you have acquired without having paid a license fee where the Software utility came bundled with or is used in conjunction with other Software You have licensed from NetApp for a fee. The obligations and limitations of the indemnification for the Software utility are as specified in the applicable purchase agreement or standard terms and conditions governing Your license to the oftware You acquired for a fee. The indemnification for the Software utility is also conditioned upon You giving NetApp prompt notice of the claim, reasonable assistance and full authority to direct the defense and settlement of theclaim.SUPPLEMENTAL LICENSE TERMSThese Supplemental License Terms add to or modify the terms of the EULA set forth above. Capitalized terms not defined in these Supplemental License Terms shall have the same meaning ascribed to them in Sections 1 through 12 of the EULA. These Supplemental License Terms shall supersede any inconsistent or conflicting terms in Sections 1 through 12 of the EULA. A. If You have licensed Operations Manager the following terms apply: NetApp’s licensor shall be a direct and intended third party beneficiary of this EULA and may enforce it directly against You. B. If You have licensed OnCommand™ Insight Assure, Perform, Plan Software the following termsapply: OnCommand Insight Assure, Perform, PlanSoftware is licensed to You on a capacity basis. Your licensed capacity is set forth in Your Software Entitlement and Documentation. Once you have reached the maximum licensed capacity, You may bring Your license back into compliance by reducing the size of the managed capacity. If You desire to acquire additional capacity for Your Software, You maypurchase additional capacity from NetApp or its authorized distributors and resellers. No technical support for the Software is provided by NetApp’s licensors. NetApp’s licensors shall be a direct and intended third party beneficiary of this EULA. The OnCommand Insight Assure, Perform, Plan Software


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contains copyrighted information of Sun Microsystems, Inc. and title is retained by Sun. Use, duplication or disclosure by the United States government is subject to the restrictions set forth in the Rights in Technical Data and Computer Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227- 19(c)(2) as applicable.C. If You have licensed OnCommand™ Balance Software the following terms apply: No technical support for the Software is provided by NetApp’s licensors. NetApp’s licensors shall be a direct and intended third party beneficiary of this EULA. The OnCommand Balance Software contains copyrighted information of Sun Microsystems, Inc. and title is retained by Sun. Use, duplication or disclosure by the United States government is subject to the restrictions set forth in the Rights in Technical Data and Computer Software clauses in DFARS 252.227-701(c)(1)(ii) and FAR 52.227-19(c)(2) as applicable. If you have licensed OnCommand Balance Software on a capacity basis, the following terms apply: Your licensed capacity is set forth in Your Software Entitlement and Documentation. Once you have reached the maximum licensed capacity, You may bring Your license back into compliance by reducing the size of the managed capacity. If You desire to acquire additional capacity for Your Software, You may purchase additional capacity from NetApp or its authorized distributors and resellers. If you have licensed OnCommand Balance Software on a controller basis, the terms pertaining to your licenses rights in Sections 1 and 2 above apply. D. If You have licensed Single Mailbox Recovery Software (SMBR) the following terms apply: You may only use the SMBR Software with storage systems running Data ONTAP. E. If You have licensed SnapDrive® for Unix the following terms apply: NetApp and its licensors grant to You a royalty-free, non-exclusive, non-transferable, worldwide, limited license, without right of sublicense, to install and use the SnapManager® for Virtual Infrastructure (“SMVI”) Software in object code form in accordance with the terms of Your Software Entitlement and Documentation provided, however, that Your use of the SMVI Software is solely for VMDK support for SnapDrive for Unix. The aforesaid limited license does not entitle You to use the SMVI Software for VMware backup and restore functionality. F. If You have licensed SnapDrive® for Windows the following terms apply: NetApp and its licensors grant to You a royalty-free, non-exclusive, non-transferable, worldwide, limited license, without right of sublicense, to install and use the SnapManager® for Virtual Infrastructure (“SMVI”) Software in object code form in accordance with the terms of Your Software Entitlement and Documentation provided, however, that Your use of the SMVI Software is solely for VMDK support for SnapDrive for Windows. The aforesaid limited license does not entitle You to use the SMVI Software for VMware backup and restore functionality. G. If You have licensed SnapLock® Software the following terms apply: The Software has been designed to enable compliance with “non-rewriteable, non-erasable” governmental regulatory requirements. However, NetApp disclaims and You accept all obligations and liability for compliance with applicable governmental regulatory requirements. You are responsible for ensuring that your internal processes, applications and storage are in compliance with all applicable governmental regulatory requirements. You acknowledge that You have been informed and understand that special requirements and limitations associated with the use of SnapLock software may be imposed to comply with governmental regulations and that SnapLock will disable certain features of Data ONTAP, including, but not limited to, SnapRestore®. SnapLock will preserve records in non-rewriteable, non-erasable format when committed to SnapLock volumes. Disk drives included in SnapLock volumes are designed not to be rewritten or erased, and are subject to limitations with respect to maintenance and recovery procedures. NetApp shall not be required to rewrite or erase such disk drives included in SnapLock volumes. In the course of administering SnapLock volumes, if data becomes inaccessible, unusable, or in need of recovery, due to either product service by any party or product failure resulting from Your act or omission, You shall be liable for replacement or additional disk drives for new SnapLock volumes to comply with nonrewriteable, non-erasable governmental regulatory requirements. You shall indemnify, defend, release and hold harmless NetApp from any and all claims and liabilities arising out of Your loss of data, data corruption, need for disk drive replacement or additional disk drives due to reconstruction of SnapLock volumes for reasons of either product service by any party or product failures resulting from acts or omissions of You or failures other than those caused by bugs or errors in the SnapLock Software. The terms of this paragraph shall survive termination of this EULA. H. If You have licensed SnapManager® for Oracle® and/or SnapManager® for SAP® the followingterms apply: If You have acquired a “host-based” license the Software is licensed to You to manage any database mounted to a single host. If You have acquired a “system-based” license the Software is licensed to You to manage any database that stores its data on a System regardless of the host on which it is mounted. If You have licensed SnapManager for Oracle or SnapManager for SAP the licensed unit of


47

Software is one (1) license per active/passive HA pair and two (2) licenses per active/active HA pair. You are licensed to use the Software for Your own business operations. No technical support for the Software is provided by NetApp’s licensors. NetApp’s licensors shall be a direct and intended third party beneficiary of this EULA. I. If You have licensed SnapProtect™ Management Software the following terms apply: If you have acquired a “capacity-based” license, if you exceed the maximum capacity purchased, the Software maycease to operate normally and/or performance may be impaired; provided however that reducing Your usage to the purchased capacity level or purchasing additional capacity will return the Software to its normal operation. Any excess capacity usage above the purchased maximum shall entitle NetApp to invoice You for licensed capacity and maintenance and support amounts owed, and if You fail to pay for the excess usage, NetApp shall be entitled to any self-help or other remedies available. You agree to use the Software solely for Your internal data center operations and to restrict any access to the Software, documentation, or other user information accompanying the Software only to those of your employees having a demonstrable need to have such access for your internal data processing operations. Maintenance and support, if purchased, must be purchased for all Software licensed in your environment; and shall be provided in accordance with NetApp’s or its licensor’s standard policies. For the products containing Microsoft Windows Pre-Installation Environment (WinPE) software: (i) The license for the Software is limited to its use as a boot, diagnostic, disaster recovery, setup, restoration, emergency services, installation, test and/or configuration utilities program and not for use as a general purpose operating system or a fully functional version of any operating system product; (ii) the WinPE software is provided “as is”; and (iii) the Software, by virtue of the inclusion of WinPE, contain a security feature that will cause the computer system to reboot without prior notification to You after 24 hours of continuous use. NetApp’s licensors shall be a direct and intended third party beneficiary of this EULA. The Software may contain certain software licensed by Microsoft. You acknowledge that You are not licensing Microsoft products under this EULA and that any copies of Microsoft software that You receive from NetApp as a result of licensing the Software do not entitle You to maintain on Your computer systems any more copies of Microsoft software than you may have previously licensed from Microsoft or other third parties. Microsoft shall be an intended third party beneficiary of this EULA.


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Appendix 3 – Microsoft The following terms and conditions are the Third Party Licence Terms for any Service Option that contains software owned or licensed by Microsoft or its related corporations (“Microsoft Products”) forms part of, or is provided pursuant to, the Service:

(a) clause 19 of the Service Description;

(b) the terms applicable to the relevant service option identified in the Service Description;

(c) the applicable terms in Appendix 1;

(d) the pricing applicable to Your chosen model of licensing, as set out in Optus’s Microsoft Software Pricebook, available from Your Account Manager or the Optus Cloud Support Desk;

(e) the attached Microsoft End User Licence Terms; and

(f) the following terms and conditions:

1. You agree and acknowledge that Optus, Microsoft and their suppliers do not give any warranties to you in respect of the Microsoft Products and to the extent permitted by applicable law, shall not be liable to you for any damages whether direct, indirect, or consequential, arising from the Microsoft Products.

2. Notwithstanding any other term to the contrary, you consent to, and authorise the use by Optus, of information or data relating to the use of the Service by you, including :

i. technical records of demonstrations, testing or evaluation of the Service;

ii. usage data including number of users;iii. Customer’s name and address for verification purposes; iv. other operational and technical information reasonably

required; andv. as required to be disclosed by Optus to Microsoft or any of its

Related Bodies Corporate from time to time.

3. You hereby acknowledge that your use of the Microsoft Products accompanying the Service is governed by the End User License Terms of Microsoft, a copy of which is included in this Agreement.

4. The Service and all its components are not fault- tolerant and are not designed or intended for use in any situation where failure or fault of the Service or any of its components could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). The Customer is not licensed to use the Service in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the United States Federal Food, Drug, and Cosmetic Act or equivalent Australian regulation.


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END USER LICENSE TERMS

This document governs the use of Microsoft software, which may include associated media, printer materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by Optus Networks Pty Limited or Alphawest Services Pty Limited (hereinafter referred to as “Customer”). Customer does not own the Products and the use thereof is subject to certain rights and limitations of which Customer must inform you. Your right to use the Products is subject to the terms of your agreement with Customer, and to your understanding of, compliance with, and consent to the following terms and conditions, which Customer does not have authority to vary, alter, or amend.1. DEFINITIONS.

“Client Software” means software that allows a Device to access or utilise the services or functionality provided by the Server Software.

“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone”, server or other electronic device.

“Server Software” means software that provides services or functionality on a computer acting as a server.

“Software Documentation” means any end user document included with server software.

“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.

2. OWNERSHIP OF PRODUCTS. The Products are licensed to Customer from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the Products (and the constituent elements thereof, including but not limited to music, text and “applets” incorporated into the Products) are owned by Microsoft or its suppliers. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.

3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices by Customer only in accordance with the instructions, and only in connection with the services, provided to you by Customer. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.

4. USE OF REDISTRIBUTION SOFTWARE. In connection with the services provided to you by Customer, you may have access to certain “sample”, “ redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY AND/OR DISTRIBUTE ANY REDISTRIBUTION


Volume Licensing

TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE

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SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO CUSTOMER, WHICH TERMS MUST BE PROVIDED TO YOU BY CUSTOMER. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by Customer.

5. COPIES. You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by Customer; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with Customer, upon notice from Customer or upon transfer of your Device to another person or entity, whichever occurs, first. You may not copy any printed materials accompanying the Products.

6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.

7. NO RENTAL. You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products, except for the sole purpose of accessing the functionality of the Products in the form of software services in accordance with the terms of this agreement and any agreement between you and Customer.

8. TERMINATION. Without prejudice to any other rights, Customer may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with Customer or Customer’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts.

9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT, ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY CUSTOMER AND NOT BY MICROSOFT, ITS AFFILIATES OR SUBSIDIARIES.

10. PRODUCT SUPPORT. Any support for the Products is provided to you by Customer and is not provided by Microsoft, its affiliates or subsidiaries.

11. NOT FAULT TOLERANT. THE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENGVIRONMENTAL DAMAGE.

12. EXPORT RESTRICTIONS. The Products are subject to U.S. export jurisdiction. Customer must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as


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end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http:www.microsoft.com/exporting/.

13. LIABILITY FOR BREACH. In addition to any liability you may have to Customer, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.


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