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<br />lave regarding the collection, use, transW, retention, and other processing o"personal data
<br />fl'nrrr the European Ec orinmic, Araa aril Switzerland,
<br />c, U.S. export. Products and Flxes are subject to U.S. experl Jurisdiction. Enrolled Affiliate must
<br />comply with all applicable internallonal and iiaticoal IaWS, iticfuding the U.S. Export
<br />Adnlinislration Regulations and' International Traffic in Arms Regulations, emd end -user, erhd
<br />use and destination restrictions issues! by U.S. and oilier governments related to IVllcrosoft
<br />rod= a s wises aI rgloyi .
<br />fiC1, Vi+�c?I'i'cif7i~lESi -
<br />a, Limited wart and remedie .
<br />(1) Software. Microsoft warrants That each version d the 5c,lware will perform substantially
<br />US described in the applicable Product documentation for arc yew from the date the
<br />On1Enterprise is first licenseclifor that Version. It It dons not and the Enterprise notifies
<br />Microsoft within the warranty lerm, then Microsoft will, of its option (1) return the p6ae
<br />Enrrtiled Affiliate paid for the Software license, or (2) repair or replace the Software,
<br />line Seivices, fAcrosoli warrants that each Ciiline S--rvlce will perform in accordance
<br />wllh the appficatile SLA during the Erg er rVie's use. The Enfor .rice's remedies fcn' b each
<br />of t1ris warranty are in the SLA.
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<br />The remedies above are the FrOerprise's sale remp-dies ,or reac of he warranties n th:s
<br />seefion. Customer walves any ter each of warranty claims not made during the warranty period.
<br />b. EXCILISiosrh5. 'i'[�,- warranties in'this agreement do not apply to pxobleiiis caused by accident,
<br />e-b.ise, or use in a manner Inconsistent with this Agreement, including failure lio ineel niinV"uni,
<br />system requirements. These warranties do not e»ply to free, trial, pre-release, of lr+
<br />products, or to compcoents of PrOucts that Enrolled AffiliaSe is permitted to redistribute
<br />c. Disclaimer. Except For the `limited warranties above, Microsoft provides no other
<br />warranties or conditlons and disclaims any other express, implied, or statutory
<br />-warranties, including warrantles of t alit title non-inf in .emen merchantabillty, id
<br />fitness for a particular xir ose.
<br />Defense qo rd oa v c arms.
<br />The parties will defeivd each other against the third -party clean% described in this section and will pay the
<br />amounl of any rasulting adverse final judgment or approved settlement, but only if the defending party is
<br />prompiy notified in writir.-9 of the clainn and has the right 1,o control the defense and any settlement of it. The
<br />party being defended must prm Ade the defending party pith all regUested assistance. information, and
<br />authority. The defen6rird partywili rek'nburse the other party for reasonable out-af-pocket expenses k incurs
<br />iI ravidaig assistance. THs section describes the parties' sate remedies and entire liability for such claims.
<br />I
<br />a. By Microsoft. Microsoft wilt defend Enroned Afffiate against any third-peyty claim to the extont
<br />4 alleges that a product car Fix made available by Mlicrosoft fora iee and used within the scope
<br />of the license granted (unmodified from the form provided by Microsoft and not combined with
<br />any'ihltig else) fnisz,propriales a lrarle secret oa' directly infringes a patent, copyright,
<br />tracicniark or other proprietary right of a third party. If Microsoft is unable to resolve a rlaitn of
<br />kvfringenient under commercially reasonable terms, it may, at its option, either (1) modify or
<br />rep4ace the Product or Fix with a funclional equivalent; or (2) terminate Enrolled Affikate's
<br />license and refund any prepeiid license fees (less depreciatian on a five-year, straight-line
<br />basis) for perpetual licenses arid any amour paid fcc Online Services for any usage pericct
<br />after the termination da(e, Microsoft vA11 not be Itabfe for any claims cadamagas d+ie to Enrolled
<br />AffYiate's cant kwied use of a Product cc Fix after being notified to stop due to a third -party claim.
<br />. 1), Qy EnroIIed Affiliate, To the dxtent perm llled by applicable law, Cnrcdled Affiliate le.,iII defend .
<br />Microvolt against any rd-party G ni to [tie e it allege t: (I) any Criskemer Data or
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