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law regarding the collection, use, hanster, retention, and other processing of personal data from the European Economic Area and Swilzedand, c• U.S. export, Products and Fixeis are subject to U.S. export jurisdiction. Enrolled Affiliate must comply with all applicable international and national laws, including the U.S. Export Administration Regulations and' International Traffic in Alms Regulations• and end -user, end use and destination restrictions Issued by U.S. and other governments related to Microsoft products, services and technologies. 10. Warranties. a. Limited warranties and remedies. (1) Software. Microsoft warrants that each version of the Software will perform substantially as described in the applicable Product documentation for one year from the dale the Enterprise is first licenseclifor that version. If it does not and the Enterprise notifies Microsoft within the warranty tern, Then Microsoft will, at Its option (1) return the price Enrolled Affiliate paid for the Software license, or (2) repair or replace the Software. (11) Online Services. Microsolt warrants that each Online Service will pederm in accordance Willi the applicable SLA during the Enterprise's use. The Enterprise's remedies far breach of this warranty are in the SLA. The remedies above are the Enterprise's sole remedies for breach of the warranties In this section. Customer waives any breach of warranty claims not made ciuring the warranty period. b. Exclusions. The warranties in this agreement do not apply to problems caused by accident, abuse, or use in a manner inconsistent with this Agreement, including failure to meet minimum system requirements. These warranties do not apply to free, trial, pre-release, or beta products, or to components of Products that Enrolled Affiliate Is permitted to redistribute. c. Disclalmer. Except for Ihe'litnited warranties above, Microsoft provides no other warranties or conditions and disclaims any other express, implied, or statutory warranties, including warranties of quality, title, non -infringement, merchantability, and fitness for a particular purpose. 11. Defense of third party claims. The parties will defend each other against the third -party claims described in this section and will pay the amount of any reselling adverse final judgment or approved settlement, but only if the defending party Is promptly notified in writing of the claim and Was the right to control the defense and any settlement of it. The party being defended must provide the defending party with all requested assistance, information, and authority. The defending padywili reimburse the other party for reasonable out-of-pocket expenses it incurs in providing assistance. This section describes the parties'sole remedies and entire liability for such claims. I a. By Microsoft. Microsoft will defend Enrolled Affiliate against any third -party claim to the extent it alleges that a Product or Fix made available by Microsoft for a fee and used within the scope of the license granted (unmodified from the form provided by Microsoft and not combined with anything else) misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right or a third party. If Microsoft is unable to resolve a claim of inhingentelll under commercially reasonable terms, if may, at its option, either ('I ) modify or replace the Product or Fix will) a functional equivalent; or (2) terminate Enrolled Affiliate's license and refund any prepaid license fees (less depreciation on a five -}rear, straight-line basis) for perpetual licenses and any amount paid for Online Services for any usage period after the termination dale, Microsoft will not be liable for any claims ordamagesdue toEnrolled Afhliata_'s continued use ore Producl or Fix after being notified to stop due to a third -party claim. b. By Enrolled Affiliate. To the extent permitted by applicable law, Enrolled Affiliatev.ill defend Microsofl against any third -pally claim to the extent it alleges that: ('1) any Customer Data or CA20 I nAgnUS)SLG(ENG3)(10001a) Page a of II 00virlant X20-10200