25G - AGMT MICROSOFT SOFTWARE - Laserfiche WebLink

Home Browse Search

14. Miscellaneous. a. Use of contractors. Microsoft rnayuse contractors to perform services, but will be responsible for their performance subject to the terms of this Agreement. b. Microsoft as independent contractor. The parties are independent contractors. Enrolled Affiliate and Microsoft each may develop products independently without using the other's Confidential Information. c Notices. Noices to Microsoft must be sent to the address on the signature form. Notices must he in writing and will be treated as delivered on the date shown on the return receipt or on the courier or fax confirmation of delivery. Microsoft may provide information to Enrolled Affiliate about upcomigg ordering deadlines, services, and subscription information in electronic form, Including by email to contacts provided by Enrolled Affiliate. Email& will be treated as delivered on the transmission dale. d. Agreement. not exclusive. Customer Is free to enter into agreements to license, use or promote non -Microsoft products, e. Amendments. Any amendment to this Agreement must be executed by both parties, except that Microsoft may change the Product Terms and the Use Rights from lime to lime In accordance with the terns of this. Agreement. Any conflicting terms and conditions contained in an Enrolled Affiliate's purchase order will not apply. Microsoft may require Customer to sign a new agreement or an armendnient before an Enrolled Afflliate enters Into an Ent ollmenl under this agreement. I f_ Assignment. Either party may assign this Agreement to an Affiliate, but must notify the other party in writing,of the assignmeht. Any other proposed assignment must be approved by the non -assigning party In writing. Assignment will not relieve the assigning party of its obligations under the assigned agreement Any attempted assignment without required approval will be void. I g. Applicable law; dispute resolution, Tire terms of this Agreement will be governed by the laws of Customer's state, without giving effeel to its conflict of laws. Disputes relating to this Agreement will be subject to applicable dispute resolution laws of Custontei's state. It. Severabllfty, If any provision Willis agreement is held to be unenforceable, the. balance of the agreement will remain in full force and effect. i, Waiver. Failure to enforce any provision of this agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party. j. No third -party beneficiaries. This Agreement sloes not create any third -party beneficiary rights. K Survival. All provisions survive termination or expiration of this Agreement except those requiring performance only during the fern of the Agreement. L Managemontand Reporting. Customer and/or Enrolled Affiliate may manage account details (e.g., contacts, orders, Licenses, software downloads) on Microsoft's Volume Licensing Service Center ("VLS&) web site (or successor site) at: IJrs fiwww m_crosoftcomllicensinalserncecenter. Upon the effective date of this Agreement and any Enrollments, the contact($) identified for this purpose will be provided access to this site and may authorize additional users and contacts. in, Order of precedence. In the case of a conflict between any documents in this Agreement that Is not expressly resolved In Ihosa documents, their terms will control in the following order f140111 highest to lowest priority: (1) this Enterprise Agreement, (2) any Enrollment, (3) the Product Terms, (4) fhe Online Services Terms, (5) orclers submitted under this Agreement, and (6) any other documents in this Agreement Terns in an amendment cuntrol over the amended document and any prior amendments concerning the same subject matter, F 201r>Ayi(dS)slG(Elac)(Nov2rllti) Pagu 10 of I I D0111MCnl X201020 25G-77