Azure China Marketplace Publisher Agreement.

Thank you for your interest in publishing your Offers through the marketplace on Microsoft Azure operated by 21Vianet (hereinafter referred to as the “Azure China Marketplace”). The Azure China Marketplace Publisher Agreement (hereinafter referred to as the “Agreement”) describes your relationship with 21Vianet (hereinafter referred to as “21Vianet,” “we,” or “us”) and applies to any Offer (as defined below) that you publish on the Azure China Marketplace.

By selecting Accept and/or submitting an Offer through Partner Center for publication to the Azure China Marketplace, you give a declaration or guarantee to us that you have permission to accept the Agreement and you agree to be bound by the terms and conditions of the Agreement.

Article 1: Definitions.

(a) “21Vianet” or “we” refers to Shanghai Blue Cloud Technology Co. Ltd., an Affiliate of Beijing 21Vianet Broadband Data Center Co. Ltd., licensed by Microsoft (China) Co., Ltd., and its Affiliates (“Microsoft”) to use Azure technology to operate, sell, and provide “Microsoft Azure operated by 21Vianet” within China.

(b) “Affiliate(s)” means any legal entity that owns, is owned by, or is commonly owned with a party. “Own” means more than 50% ownership or the right to direct the management of the entity.

(c) A “Bring-your-own-license” (BYOL) Offer refers to an Offer that the customer has already obtained viewing rights or usage rights to outside the Azure China Marketplace.

(d) “Customer” refers to any “Microsoft Azure operated by 21Vianet” customer or end user that has obtained, used, or otherwise viewed a particular Offer published via the Azure China Marketplace.

(e) “Customer data” refers to all information that is provided to you by the customer or agents thereof in the course of using your Offer, including all text, audio, video and image files, and software.

(f) “Customer information” refers to any information that you collect via the Azure China Marketplace or that we provide to you (to be confirmed by us) pertaining to a Customer that has viewed your Offer, including contact details, information about your Offer, and usage information.

(g) “Offer Assets” means, for each Offer: the Offer name, Offer descriptions, and any titles, images, screenshots, video trailers, user generated content, or other materials you provide via Partner Center in connection with your Offer, including any trademarks, trade dress, or source identifiers contained therein.

(h) “Azure China Marketplace” refers to a limited link resource library for Offers published through the Customer facing portal provided by 21Vianet by third-party Publishers in accordance with the Agreement. The Customer can reach the Marketplace by means of the network management portal, Azure app interface, or other mechanism provided by 21Vianet.

(i) “Offer Publication Policy” refers to the commercial policy and requirements for making Offers available on the Azure China Marketplace as further described on Appendix B.

(j) “Marketplace Release Technical Guidelines” refers to the documentation on technical guidance and basic requirements that we provide to Publishers, to help them create, test, and release products in the Marketplace. See the Azure China Marketplace Registration Platform and Azure China Marketplace Image Publishing Platform technical support section for details.

(k) Within the context of this Agreement, “Microsoft Azure” and “Azure” refer to “Microsoft Azure operated by 21Vianet”.

(l) “Offer” means the offering you submit in Partner Center to be published on the Azure China Marketplace, including any additional content sold or offered from within such Offer. For clarity, Offers include: (i) contact me Offers, free trial Offers, bring your own license (BYOL) Offers, and such other Offer types that 21Vianet enables on the Azure China Marketplace, (ii) Offer Assets, and (iii) Offer updates. See Appendix A for details of supplementary terms and conditions for specific Offer categories.

(m) “Publisher Account” means a service account for publishing your Offer through Partner Center, which includes a username and password.

(n) “Privacy Statement” refers to the privacy protection statements that are recorded in the Offer Assets pertaining to your Offer and that are relevant to your collection and use of Customer data and Customer information.

(o) “Partner Center” means the web portal, currently available at https://partner.microsoft.com, or other successor portal, through which developers; (i) access their Publisher Account; (ii); submit Offers for Certification; (iii) make available and manage Offers made available in the Azure China Marketplace.

(p) “Azure Portal” refers to the portal that Azure customers sign into to provision and manage Azure resources, that is, https://portal.azure.cn.

(q) “Terms of Use” refers to the legal terms and conditions that are the basis on which you authorize customers to use and view your Offers and all Offer content that is associated with them.

All other terms that are not defined in Article 1 have the meaning assigned to them in the main text of this Agreement.

Article 2: Publisher Account.

To submit an Offer to the Azure China Marketplace, you will use your Publisher Account and Partner Center to submit and manage your Offer. You will be required to enter into separate agreements with Microsoft Corporation to create such Publisher Account and use Partner Center to manage your Offers on the Azure China Marketplace. As a supplier designated by 21Vianet, Microsoft provides Publisher Account and Partner Center, and the Microsoft Publisher Agreement will apply to submission, initial certification, and management of your Offers and use of Partner Center and your Publisher Account. By way of example, Sections 1, 2(a)-(d), 2(j), Sections 3(a)-(b), 3(f), Sections 4, 7, and 8-12 will apply to your activities on Partner Center and your initial submission of Offers via Partner Center.

Article 3: Offer submission and licenses.

(a) Submission process. Offers will be submitted via the Partner Center and will be subject to the listing requirements as further described in the Microsoft Publisher Agreement and Section 2 of this Agreement.

(b) Offer placement and promotion. We reserve the right to decide which methods are used to provide and promote to customers all Offers published on the Azure China Marketplace by you or others. We may display on-shelf information relevant to your Offer and include other information from the following content: information provided by you that allows the Customer to understand the Offer, the content included in the Offer, the lifecycle of any software within the Offer, support options relevant to the Offer, and details of how the Customer can obtain and use the Offer through Azure.

(c) Grant of rights to 21Vianet. You do not transfer ownership of any Offer or Offer Asset by submitting them to made available on the Azure China Marketplace. By submitting an Offer and Offer Assets, you directly grant to us a limited, non-exclusive right to: (i) host, install, reproduce, publicly perform and display via any digital transmission technology, your Offer Assets, solely as necessary to operate the Azure China Marketplace, display and manage your Offers, and make available your Offers to Customers; and (ii) access, distribute, and use your Offer solely as necessary to certify such Offer and as otherwise required by us to make available your Offer to Customers.

(d) Service logo and trademark terms. You hereby grant us a free, non-exclusive license, permitting us to display the logos and trademarks that you provide via Partner Center or other method (“the Publisher trademarks”) in scenarios that are relevant to your Offer or the marketing and promotion of the Azure China Marketplace for the duration of the Agreement. You are the owner and/or authorized licensor of the service trademarks. Between all the parties, all business reputations related to the service trademarks should be consistent with your interests.

We may make necessary changes to the format and size of the service logos/trademarks without changing the overall appearance of the service logo/trademark. If you believe that our use of your service logo/trademark is inappropriate, you may notify us at any time and we will rectify our usage activity within a reasonable period of time.

(e) Post Publication Review. We may periodically test and evaluate your Offer to verify that it continues to comply with this Agreement and Offer Publication Policies. Microsoft may also modify your Offer Assets solely to correct obvious spelling, grammatical or typographical errors.

Article 4: Customer Offer licensing and support.

(a) Offer licensing to Customers. You are responsible for licensing Customers to use your Offer, or for otherwise authorizing Customer to use your Offer. Such licensing or authorization is applicable only to your Customers and shall not require 21Vianet to assume any obligations or liabilities. Customers can use your Offers only after they have selected “Agree” to accept your Terms of Use and Privacy Statement in the Marketplace’s Network Management portal. 21Vianet may also allow customers to view Offers through the Azure China Marketplace app interface. You acknowledge that 21Vianet does not grant any Offer authorization or licensing as a result of its operation of the Azure China Marketplace or by enabling you to provide your Offers via the Azure China Marketplace.

(b) Support. As between you and 21Vianet, you are fully responsible for your actions in providing your Offers to customers, and you are responsible for providing support for your Offers. You must provide to us current technical and billing support contacts via e-mail and phone for when we receive technical or billing questions from customers about your Offer. You will use best efforts to respond to any inquiry received by 21Vianet about your Offer. You will ensure that any support options described in your Offer Assets remain available to customers for as long as the relevant Offer is available on the Azure China Marketplace and/or to Customers.

Article 5: Privacy protection.

(a) Use of Customer information and Customer data. You may use Customer data only to provide Offers. You may use Customer information to provide Offers, contact Customers within the scope permitted by Article 5 (c), prevent fraud, provide support, or perform statistical analysis. You may not use Customer data or Customer information for any other purposes unless you have obtained permission within your Privacy Statement or by another method.

(b) Privacy Statement. Your Privacy Statement must: (1) Comply with the provisions of the applicable laws and regulations, (2) Inform the Customer of any Customer data or Customer information that you collect, as well as of how you will use, store, protect, and disclose this information, and (3) Explain what rights Customers have with regard to controlling the use and sharing of their Customer data and Customer information, and how they can view their data and information. Our privacy policy is applicable only to Customers' use of Azure Services, and does not apply to their use of any third-party Offers. If any consulting service Offers are managed or any Offer includes managed elements, you must stipulate the countries in which they may be managed and in which any Customer data may be stored. This information must be specified in your Privacy Statement and your Offer Assets, so that Customers can determine how to comply with the applicable laws and regulations or determine which policies are applicable to the usage and transfer of their data.

(c) Correspondence with Customers. You may use Customer information to contact Customers only for transactional purposes. You must not contact any Customers for promotional purposes unless a customer has acknowledged this and chosen to agree to receive such correspondence from you. The provisions of this article do not restrict you from using independently-obtained Customer contact information for any purpose, even if such information is the same as the Customer information provided by us or which you obtained from the Azure China Marketplace. However, you may not specifically send such correspondence to Azure customers. “Transactional purposes” refers to correspondence that is directly relevant to the Offer you provide or operate, including correspondence related to your Offer support, service downtime, changes to your terms of use, and the delivery of notifications and invoices. “Promotional purposes” refers to any other correspondence that is directly relevant to Offers, advertising Offers or services, feedback requests, training, or other resources, but which is not used purely for transactional purposes. Your correspondence with customers must comply with all applicable laws and regulations.

Article 6: Appointment of 21Vianet as Agent.

The Azure China Marketplace is a platform that you can use to provide Offers. 21Vianet has a duty to directly provide or use appointed suppliers to provide the relevant technologies and services to allow you to use the platform to make available your Offers and to facilitate acquisition of your Offer through the Azure China Marketplace. To this end, you appoint 21Vianet as your agent or indirect agent (whichever is appropriate) and you acknowledge that you (and not 21Vianet) are the provider, publisher, and licensor of the Offers that you provide to Customers.

Article 7: Offer deprecation and termination.

(a) Offer take-down. Deprecating a particular Offer causes the Offer to no longer be viewable on the Azure China Marketplace or available for other customers to configure. However, customers who configured the Offer before it was taken down may continue to use the Offer within the same scope as before it was taken down.

1. Offers taken down by you. You may submit a request in accordance with the provisions of Article 7a), requesting that a particular Offer be taken down from the Azure China Marketplace. We will take your Offer down from the Azure China Marketplace within 30 days of receiving your request.

2. Offers taken down by 21Vianet. 21Vianet reserves the right to suspend the provision of any Offer or remove any Offer from the Azure China Marketplace for any reason. 21Vianet may remove an Offer listing for reasons that include, but are not limited to:

   • The Offer has not been ordered by any Customers for six months or longer.
   • The Offer has consistently received poor feedback from customers.
   • The Offer has consistently been subject to a large amount of support requests.
   • The Publisher has not complied with the terms and conditions of this Agreement, or with the provisions of the Marketplace Publication Technical Guidelines.
   • The Offer includes content that is untrue, illegal, inaccurate, or incomplete or that is obscene, pornographic, violent, frightening, immoral, deceptive, slanderous or threatening, or that includes gambling, harassment, or murder.
   • The Offer includes malicious computer code or viruses, or might disrupt or attempt to disrupt the normal operation of the Marketplace platform, other Publishers’ images, or any functions thereof.
   • The Offer might infringe the legitimate rights of another party, including but not limited to intellectual property rights.
   • The Offer might violate any applicable laws or regulations.

(b) Offer termination.

1. The termination of a particular Offer means that we will notify existing Customers that the Offer has been terminated, and customers will no longer be able to use the Offer after a designated cut-off date that falls after the termination date for the Offer. You agree that we shall not undertake any liabilities or obligations if the Customer makes unauthorized use of your Offer after the cut-off date.
2. If an Offer is terminated, existing Customers will be able to continue to use the Offer for a further 90 days or until the expiration date agreed by the customer at the time of purchase (whichever is longer, hereinafter referred to as the “phase-out period”). During the phase-out period, you must continue to provide existing Customers with any services that comprise part of your Offer.
3. We will not terminate any Offer before the end of its phase-out period unless we are legally required or otherwise compelled to do so (for example, because of accusations of fraud or the infringement of intellectual property rights), and we will not terminate any non-service Offer before the Agreement expires.

Article 8: Confidentiality and data protection.

(a) Confidentiality. We will abide by the terms of any confidentiality agreements that are currently in effect between us. If there are no confidentiality agreements between us, the recipient of confidential information under the terms of this Agreement shall maintain the confidentiality of such information and shall not use or disclose such information to third parties (excluding subcontractors that perform work on behalf of the recipient and are required to abide only by confidentiality clauses that offer at least an equivalent level of protection to this article). “Confidential information” refers to all information that one party designates as confidential or that a reasonable person would know to be or reasonably understand to be confidential in nature. Confidential information does not include information that the receiver becomes aware of without violating this Agreement or any other confidentiality obligations that it should undertake with respect to the disclosing party. The provisions of this Article do not prohibit either party from responding to legal requests from law enforcement agencies.

(b) Data protection. Both parties shall abide by all applicable data protection and privacy laws during the performance of this Agreement.

Article 9: Guarantees.

You hereby make the following declarations, guarantees, and commitments to 21Vianet:

(a) You have already obtained any and all consents, approvals, and licenses (including written consent from third parties, if applicable) that are necessary to provide your Offers on the Azure China Marketplace;

(b) Our exercise of the rights granted by you under the terms of this Agreement does not oblige us or our Affiliates, licensors, or suppliers to pay any amounts to you or any third party;

(c) The information you provide to us on the basis of this Agreement or for the purposes of this Agreement is genuine, accurate, update, and complete; and

(d) During the performance of the obligations set out in this Agreement, you and your Offers will comply with all applicable laws, including privacy laws.

Article 10: Disclaimers, limits of liability, and defense of compensation claims.

(a) Disclaimers. With regard to publishers and their Offers, we provide Azure Services and perform Azure China Marketplace translations on the basis of the “status quo” and “availability,” and we “do not guarantee that there are no defects.” You undertake the risks arising from publishing your Offers for use by customers through the Azure China Marketplace. To the extent permitted by the law, we exclude any implied warranties or conditions, including implied warranties or conditions pertaining to Azure Services and the Azure China Marketplace for the relevant Offer liabilities, fitness for sale, suitability for a specific purpose, freedom from technical defects, and non-infringement. We explicitly refute any warranties with regard to the following matters on condition that this does not limit the provisions above: access to or use of Azure Services or the Azure China Marketplace will not suffer from any interference and no errors exist.

(b) Limits of liability. Unless otherwise stipulated in Article 10 (d), the liabilities of both parties and their Affiliates, licensors and/or suppliers under the terms of this Agreement are limited to direct damages up to a maximum of US$5,000. Both parties agree not to seek and to explicitly waive any right to claim compensation for any other losses or damages, including but not limited to lost profits and consequential damages, special damages, indirect damages, or punitive damages. The previously mentioned liability limitations and exclusions continue to apply, even if the relevant party was or should have been aware of the possibility of occurrence of such damage.

(c) Scope. For the purposes of clarity, the disclaimer and limit of liability provisions in Article 10 are relevant to you only as a Azure China Marketplace publisher. The preceding provisions and any other provisions of this Agreement are not intended to apply to your use of any Azure Service as an Azure customer (if applicable).

(d) Responsibility to defend claims. You agree to defend our Affiliates, licensors, and suppliers (if applicable) against any and all third-party compensation claims that meet the following conditions, to compensate them and indemnify them from damages (including the payment of any relevant costs, losses, damages, expenses, and legal fees):

1. The claims allege that your Offer or Offer Assets infringe any exclusive or individual rights of third parties;
2. The claims arise from any disputes between you and customers that relate to your Offers; or
3. The claims are based on your failure to collect, pass on, or declare any sales tax, use tax, goods and services tax (GST), value added tax (VAT), or other similar taxes that you are obliged to collect, pass on, or declare, including any relevant penalties and interest.

We will: (i) give you prompt written notice that you should pay compensation, but the notice we send you does not indemnify you from any liability unless such failure to send a notification has seriously damaged your legal rights, and (ii) provide reasonable assistance to your defense of the compensation claim (if you make a reasonable request to this effect). You agree to compensate us and our Affiliates, licensors and/or suppliers (whichever is applicable) for any reasonable costs actually paid during the provision of such assistance. You must not reach any settlements or compromises for a particular claim, or allow or stipulate that we or our Affiliates or licensors and/or suppliers (if applicable) accept any fault or liability for any claim involved in this article, without obtaining express prior consent in writing from us, our Affiliates, or licensors and/or suppliers.

Article 11: Expiration and termination of the Agreement.

(a) General provisions. This Agreement shall remain in force until such time as it is terminated. Either party may terminate this Agreement on any grounds or without any particular grounds by giving 30 days’ advance notice in writing.

(b) Validity of the Agreement. Within 30 days of either party sending a Termination Notice, we will take down all your Offers from the Azure China Marketplace and cease providing any paid Offers within any relevant buffer period specified in Article 7(b) section (2). If we terminate the Agreement because of a significant breach of contract on your part, we reserve the right to take down and/or cease providing Offers at an earlier date. The articles pertaining to the exercise or affirmation of all rights or protections shall remain in force after the Agreement has been terminated.

Article 12: Other provisions

(a) Affiliates. We have the right to perform some of the obligations under the terms of this Agreement through one or multiple Affiliates. We also have the right to designate one or multiple Affiliates to act as our representatives in different regions.

(b) Reserved rights. Unless otherwise stated in this Agreement, the Agreement does not transfer, cede, or grant any rights, ownership, or entitlements pertaining to any software or other materials that are exchanged by the two parties. The two parties reserve all rights not specifically granted within the Agreement.

(c) Non-exclusivity. The two parties hereby acknowledge and agree that all rights granted by one party to the other and all obligations undertaken by one party to the other within the Agreement are non-exclusive. Consequently, no provision of this Agreement may be regarded or interpreted as prohibiting either party from engaging in business arrangements that are similar to or that compete with the arrangements described in this Agreement, either alone or with one or multiple third parties.

(d) Jurisdiction and applicable laws. This Agreement is subject to the laws of the People’s Republic of China. Any disputes or compensation claims arising because of or in connection with this Agreement, or any breach of contract, termination, or annulments (including the effect, scope, and enforceability of this article), should be submitted to the China International Economic and Trade Arbitration Commission (“CIETAC”) for arbitration in accordance with the CIETAC arbitration rules in force at the time of the arbitration application. Arbitrations rulings are final and binding upon both parties to the Agreement. However, the provisions of this article do not prevent either party from seeking injunctive relief for the following matters within the relevant jurisdiction: (i) Infringement of the party’s intellectual property rights. (ii) Violation of the confidentiality obligations to the party undertaken in accordance with the Agreement. Or (iii) Enforcing or affirming any rulings or orders in any relevant jurisdictions.

(e) Fees. Each party must independently cover all costs and expenses incurred as a result of performing the Agreement.

(f) Responding to rights claims. If we receive a third-party request to change or remove your Offer’s rights claims, we will submit the claims document to you. You must comply with the requirements of the notification in a timely manner as soon as is reasonably practicable. If you discover that your Offer violates the provisions of this Agreement, you must notify us immediately and work with us to remedy the breach of contract.

(g) Forfeiture. If either party does not exercise or delays the exercise of any right or remedy, such action shall not result in the forfeiture of the right or remedy, or constitute the forfeiture of any right or remedy.

(h) Inseparability. If any article of the Agreement is found to be illegal, ineffective, or unenforceable by the courts in any jurisdiction, the remaining articles of the Agreement shall remain in full force.

(i) Transferal. Neither party may transfer the Agreement (or any rights or obligations under the terms of this Agreement) without the prior written consent of the other party. However, without the consent of the other, one party may: (i) transfer the Agreement to an affiliate, or (ii) transfer the Agreement to merge, acquire, or sell all or the vast majority of its assets. Despite the existence of the preceding provision, if we no longer have the right to continue providing Azure Services, we will still be able to send you a notice forty-five (45) days in advance that we will transfer the Agreement to another entity. If either party is permitted to transfer the Agreement in accordance with Article 12(j), it must notify the other party in a timely manner. Assuming that it does not violate the preceding provisions, this Agreement is binding on both parties and their respective approved successors and transferees, and also benefits all the aforementioned parties.

(j) Subcontractors. We have the right to sublicense rights under the terms of the Agreement to third parties, or to authorize third parties by other means to assist us in performing the obligations or exercising rights under the terms of the Agreement. Assuming that it does not violate the preceding provisions, we will accept liability for the actions of such third parties.

(k) Force majeure. Neither party is required to accept any liability for failure to perform any obligations under the terms of the agreement resulting from a force majeure, which includes acts of God, natural disasters, wars, domestic rioting, the actions of government entities, strikes, and other events that exceed the party’s reasonable extent of control under the right to claim compensation under Article 12(k). The party affected by the force majeure shall notify the other party within a commercially reasonable period of time and make every reasonable effort to continue to perform the Agreement. The affected party shall perform any obligations it was unable to perform because of the force majeure as quickly as possible under reasonable circumstances after the force majeure has ended. Lack of funds does not constitute a force majeure.

(l) Relationship between the two parties. Neither this Agreement nor any of the terms and conditions herein establish a partnership, joint venture, employment relationship, or franchise relationship between the two parties to the Agreement.

(m) Updates. We have the right to update this Agreement from time to time. If we update the Agreement, we will notify you 30 days before the updated version enters into force, and we will mark the date of the latest update at the top of the Agreement. By continuing to provide Offers after this notice period ends you indicate that you agree to be bound by the terms and conditions of the updated version of the Agreement.

(n) Complete Agreement. This Agreement (including all appendices thereto) constitute the complete agreement between the two parties to the Agreement regarding the subject of the Agreement, and supersedes all previous and current correspondence.

Appendix A

Terms for Special Offer Categories

Article 1: Virtual machine images.

(a) Base Images. In addition to all other relevant third-party approvals, if your Offer contains virtual machine images (“Images”) derived from Microsoft or other party (“Base Images”) (such Offer, an “Image Offer”), you are responsible for obtaining any necessary permissions from the owner of the Base Image prior to publishing your Image Offer.

(b) New Virtual Machine Sizes. For Image Offers, you will be directed to designate prices based on virtual machine sizes available in Azure at the time of your publication request. Following publication of your Image Offer, if we plan to offer a new virtual machine size (based on the number of cores), we will notify you and provide you with at least 30 days to designate prices for the new virtual machine size. Failure to designate pricing within such time will constitute your designation of prices for the new virtual machine size equal to the rate proportional to the difference in the number of cores between the new virtual machine size compared to the existing virtual machine size(s) then in effect for your Image Offer.

(c) Virtual Machine Extensions. Any software or other data installed by your Image Offer, even if retrieved from an external location, is considered an Offer for purposes of this Agreement. You will be responsible, and must provide support to Customers, for any extensions or handlers associated with your Image Offers.

(d) Inclusion of Microsoft Software Products in Image Offers. With Microsoft approval, you may include Windows Server, SQL Server and Microsoft Dynamics NAV as part of your Image Offer (“Microsoft Software Products”). You must create your Image using a Base Image published by Microsoft in the Azure China Marketplace that consists of the same Microsoft Software Products that you have been authorized to include in your Image Offer. You may not publish an Image that includes copies of Microsoft Software Products that you obtained elsewhere, whether from Microsoft or from a Microsoft reseller. You may not download a Base Image and run copies of any Microsoft Software Products therein outside of Azure for the purpose of creating your Image unless you have valid pre-existing licenses that permit such use.

• (i) No Modification. You must include complete copies of the Microsoft Software Products in your Image. You may configure the Microsoft Software Products solely as necessary to work with your Offers. You may not modify the Microsoft Software Products in any other way, including reverse engineering, decompiling, or disassembling the Microsoft Software Products, or tampering with any license or activation features in the Microsoft Software Products. You must maintain and not alter, obscure, or remove any copyright or other protective notices, identification, branding, or legends or license terms contained in the Microsoft Software Products. Except as expressly provided, this Agreement does not grant you any right, title, or interest in or to any Microsoft Marks.

• (ii) Excluded Licenses. You may not take any action that would cause any Microsoft Software Product, or any other Microsoft product, service, or documentation to be governed, in whole or in part, by an Excluded License. “Excluded License” means any license that requires, as a condition of the use, modification, or distribution of software subject to such license, that such software or other software combined or distributed with such software be: (i) disclosed or distributed in source code form; (ii) licensed for the purpose of making derivative works; or (iii) redistributed at no charge. Without limiting the generality of the foregoing, any version of the GNU General Public License (“GPL”), Lesser/Library GPL, or Affero GPL will be considered an Excluded License.

(e) Distribution of Microsoft Software Products in Image Offers. You may only make Microsoft Software Products within your Image Offer available via the Commercial Marketplace. You may not make the Microsoft Software Products that are part of your Image Offer available through any other channels. Microsoft alone is the licensor of any Microsoft Software Products included within your Image Offers, and any use by Customers of such Microsoft Software Products is governed by Microsoft’s license terms. Nothing in this Agreement grants you the right to license or sublicense any Microsoft Software Products to Customers or any other third parties. The terms of use associated with your Image must make clear that: (i) the rights you grant to Customers extend only to your Offers within the Image and not to any Microsoft Software Products within the Image; (ii) Microsoft is the licensor of any Microsoft Software Products within the Image; and (iii) the Customer’s use of any Microsoft Software Products within the Image will be governed by Microsoft’s license terms.

(f) Recall of Microsoft Software Products. We may issue a notice of recall of a Microsoft Software Product at any time in our sole discretion for reasons such as, but not limited to, a serious security vulnerability in the Microsoft Software Product. If you receive a notice of recall, you agree to remove any Image Offers that include the impacted Microsoft Software Product from the Commercial Marketplace within 10 business days. Following the notice of recall, we may, but will have no obligation to, make a replacement Microsoft Software Product available to you in place of the recalled Microsoft Software Product.

(g) Termination. Upon termination of this Agreement or removal of your Image Offer from the Commercial Marketplace, your rights under this Addendum will automatically terminate and you must destroy all copies of Microsoft Software Products included in your Image Offer.

(h) Miscellaneous.

• (i) ADDITIONAL DISCLAIMER OF WARRANTIES. ALL MICROSOFT SOFTWARE PRODUCTS ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU ASSUME ALL RISK AS TO YOUR USE OF THE MICROSOFT SOFTWARE PRODUCTS, INTEROPERABILITY BETWEEN YOUR IMAGE OFFER AND THE MICROSOFT SOFTWARE PRODUCTS, YOUR IMAGE OFFERS THAT INCLUDE MICROSOFT SOFTWARE PRODUCTS, AND CUSTOMERS’ USE OF YOUR IMAGE OFFERS THAT INCLUDE MICROSOFT SOFTWARE PRODUCTS.

• (ii) Support. Microsoft has no obligation under this Agreement to provide technical support to you regarding any Microsoft Software Products or creation of Images that include Microsoft Software Products or to Customers regarding use of any Microsoft Software Products within your Image Offer.

• (iii) Export Restrictions. You acknowledge that the Microsoft Software Products are of U.S. origin and subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Microsoft Software Products, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information, see Exporting Microsoft Products .

Article 2: Resource Manager templates.

If you publish a Resource Manager template that references another Publisher’s Offers (hereinafter “third-party Offers”), you must not claim to be the Publisher for the third-party Offer. You also acknowledge and agree that other Publishers may reference your Offers in their Resource Manager templates by using methods that comply with the provisions of this Agreement. Although your Offer may be included in another Publisher’s Resource Manager template, you are still the Publisher for that Offer in all customer configurations of that Resource Manager template. Your Terms of Use and Privacy Statement will continue to apply to your relationship with such Customers, and such other Publishers do not have the right to obtain any Publisher net income because the Customer uses your Offer. Even if they are obtained from external sources, any software or data that is installed by extension scripts within the Resource Manager template should still be regarded as Offer content, and you should provide users with the relevant support.

Article 3: Offers used in the customer’s on-premises environment.

If you choose to provide customers with a specific Offer for use in their on-premises environment (e.g. on Azure Stack), we may allow Customers to download and use the Offer in their on-premises environment. You agree that if a Customer accepts the Terms of Use for this type of Offer, they will be entitled to use the Offer in their on-premises environment. You acknowledge that you (and not 21Vianet) are the publisher of this type of Offer.

Article 4: Publication Locations.

VM images and Azure Resource Manager templates published by the Publisher account will be displayed on the Azure China Marketplace website and the Azure portal, but customized services (solutions) will be displayed only on the Azure China Marketplace website.

Appendix B

Offer Publication Policies

Article 1: Basic Standards.

1. Software and services that are provided on the Azure China Marketplace must comply with at least one of the following standards:

   • Run on the Microsoft Azure platform that is operated by 21Vianet: The main functions of the software or service must run on Microsoft Azure.
   • Can be configured onto the Microsoft Azure platform that is operated by 21Vianet: The Publisher must explain how to configure the software or service onto Microsoft Azure in its Offer Assets.
   • Integrate or extend a Microsoft Azure service that is operated by 21Vianet: The Publisher’s Offer Assets must explain which Azure service it integrates or extends, and the method of integration or extension.

2. The Publisher must be located in China and supported by the Azure China Marketplace.

3. The Publisher must provide all its Offers within China with the support of the Azure China Marketplace.

4. The Publisher must maintain a good financial situation.

5. The Publisher’s Offers on the Azure China Marketplace must be versions that are officially online or online within a specific scope.

6. Offers on the Azure China Marketplace may not use or depend on any products or elements for which technical support is no longer provided or that cannot be obtained through commercial channels.

7. The Publisher must provide detailed technical documentation that explains how to use its Offers on the Azure China Marketplace, and it must provide such documents or links to such documents in the Offers Assets for each Offer.

8. The Publisher must declare the Offers available on the Azure China Marketplace on its public website and provide page links for its Offers on https://market.azure.cn.

9. The Publisher must divide all its Offers into one or multiple categories, based on the categories specified by 21Vianet. 21Vianet reserves the right to reassign any product to a different category if it believes the category selected by the Publisher to be incorrect.

Article 2: Publication Standards.

1. The Publisher must publish at least one Offer within 60 days of signing the Azure China Marketplace Service Agreement. Otherwise, the Publisher’s credentials might become invalid.
2. The Publisher must comply with the provisions of the Marketplace Publication Technical Guidelines and the Azure China Marketplace Technical Requirements for Beginners that may be further specified by the publication portal. See the documentation and help section of the Azure China Marketplace Registration Platform and the Azure China Marketplace Image Publication Platform.