Skillable Labs Terms and Conditions

By purchasing access to the Microsoft Virtual Lab Environment ("Virtual Lab Environment"), you ("Buyer") agree to the following terms and conditions:

1. Buyer will notify each end user of the Virtual Lab Environment that Schedule 1, entitled "End Users' Terms and Conditions for Microsoft Virtual Lab Environments" and included below, must be accepted by the end user prior to the end user's first use of the product.
2. Buyer will not: i) convey any title or ownership rights to any Virtual Lab Environment; ii) make any representations or warranties concerning Microsoft, the Virtual Lab Environment, or Pearson VUE; iii) seek any recovery of damages directly from Microsoft under any theory of liability for any matter related to the Virtual Lab Environment; and iv) assign, sublicense, or transfer any rights with respect to the Virtual Lab Environment.
3. Buyer agrees that it will not distribute access to the Virtual Lab Environment as a standalone product or service and will only use a Virtual Lab Environment in conjunction with a Buyer training session.
4. Buyer agrees that it will limit access to the Virtual Lab Environment to only those end users who are teaching or registered to attend a Buyer training session.
5. Buyer acknowledges that the Virtual Lab Environment is provided "as is" and without warranties of any kind and agrees not extend any warranties of any kind in relation to the Virtual Lab Environment.
6. Buyer's access to the Virtual Lab Environment, and all rights associated therewith, may be terminated immediately if Buyer is no longer a member of the Microsoft Partner Network or Microsoft IT Academy.
7. BUYER REPRESENTS AND WARRANTS THAT IT WILL COMPLY AT ALL TIMES WITH THE FOREGOING REQUIREMENTS. BUYER FURTHER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PEARSON VUE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LOSSES, LIABILITIES, ACTIONS, LAWSUITS, PROCEEDINGS, JUDGEMENTS, AWARDS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) TO THE EXTENT RESULTING FROM BUYER'S BREACH OF SECTIONS 1 THORUGH 6 ABOVE.

This Virtual Lab Environment is the copyrighted work of Microsoft or other providers and is licensed, not sold. Any reproduction or redistribution of the Virtual Lab Environment is expressly prohibited by law.

Your access to and use of the Virtual Lab Environment is governed by these terms and conditions ("T&Cs"). By accessing a Virtual Lab Environment in any way, you agree to be bound by these T&Cs. If you do not agree, do not access or use the Virtual Lab Environment.

• You will have a unique user ID and password that will enable you to access the Virtual Lab Environment associated with your subscription. You may not share, disclose or transfer your user ID or password with or to any third party. If you believe the security of your password has been breached, you will promptly notify the Virtual Lab Environment provider.
• You have obtained a subscription to the Virtual Lab Environment from your training provider.
• You are currently attending or attended within the last six months a training session teaching the Microsoft technology on the same topic as the Virtual Lab Environment.
• You will only access the Virtual Lab Environment online via the lab hosting platform.
• You may only access the Virtual Lab Environment associated with the Official Microsoft Learning Product taught in your training session.
• You may only access and use the virtual labs only as expressly permitted under these T&Cs.
• You may only use the Virtual Lab Environment for your personal educational use.
• You may not use or enable any person to use the Virtual Lab Environment to mine cryptocurrency.
• You will not allow any third party to use or access the Virtual Lab Environment or use your Virtual Lab Environment account.
• You will comply with any technical limitations in the Virtual Lab Environment and you will not work around any technical limitations in the Virtual Lab Environment, or reverse engineer, decompile or disassemble the Virtual Lab Environment.
• You may not download, reproduce, distribute, broadcast, sell, license, transmit, forward, make derivative works based upon or publicly display any portion of the Virtual Lab Environment in any form or by any means.
• Labs may have internet access enabled. You are only authorized to use the internet access as specified in the lab steps specifically associated with the course to which you have access. Any other internet access or use is prohibited.
• You may only install software into the lab as specified in the lab steps specifically associated with the course to which you have access. Any other software installation or use is prohibited.
• If the Virtual Lab Environment includes an online services component ("Online Services") provided by Microsoft you acknowledge and agree:
• to only use the Online Services for your personal educational use,
• to not share or use Online Services for purposes outside of the course,
• that the Online Service cannot be used or accessed after the course is over and is not eligible for extension,
• that the Online Service must not be converted to a paid subscription,
• that the Online Services obtained as a part of this course remain the property of Microsoft, and Microsoft reserves the right to obtain access and repossess at any time,
• to comply with any additional terms, conditions, licenses and agreements that are applicable to the Online Services. If there is a conflict between these T&Cs and the Online Services terms, these T&Cs will control, but solely regarding use of the Online Services in the Virtual Lab Environment and solely to the extent of the inconsistency, and
• you grant the Online Services provider, its affiliates, suppliers and all necessary sub-licensees all rights required to use and process all text, sound, images or files uploaded, processed or stored using the Online Services.
• The Virtual Lab Environment is provided "As Is" without warranties of any kind.
• Your access to the Virtual Lab Environment may be terminated, suspended or otherwise limited at any time, without notice, if there is any suspected violation of these T&Cs or fraudulent, abusive, unauthorized use or access, or other unlawful activity that occurs under your account, user ID or password.
• The Virtual Lab Environment may include third party code that Microsoft, not the third party, licenses to you under this agreement and these T&Cs. Notices, if any, for the third-party code are included for your information only.
• You acknowledge and agree that Microsoft is an intended third-party beneficiary of these T&Cs between Skillable and you.
• Skillable collects personal data on Microsoft's behalf in support of Microsoft offered content, Skillable uses the Microsoft Privacy Statement to use and protect your personal data, available for review at https://privacy.microsoft.com/en-us/privacystatement. You acknowledge and agree that Skillable will provide such personal data to Microsoft pursuant to the Microsoft Privacy Statement.