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a. Limited warranties and remedies — Professional Services, Microsoft warrants that It will perform
<br />Professional Services with professional care and skill. It Microsoft fails to do so, and Customer
<br />notifies Microsoft within 90 days of the date the Professional Services were performed, then
<br />Microsoft will, at Its discretion, either re -perform the Professional Services or return the price paid
<br />for them. These remedies are Customer's sole remedies for breach of warranties in this section.
<br />Customer waives any breach of warranty claims not made during the warranty period.
<br />b. Exclusions. The warranties in this section do not cover problems caused by accident, abuse or
<br />use In a manner inconsistent with this Amendment, including failure to meet minimum system
<br />requirements. These warranties do not apply to free, trial, pre-release or beta Products or to
<br />components of Products that Customer Is permitted to redistribute. DISCLAIMER. Except for the
<br />limited warranties above, Microsoft provides no other warranties or conditions and disclaims
<br />any other express, implied or statutory warranties, Including warranties of quality,
<br />merchantability, fitness for a particular purpose, title and non -infringement.
<br />7. Defense of third -party claims.
<br />To the extent not prohibited by applicable law, the parties will defend each other against the third -party claims
<br />described In this section and will pay the amount of any resulting adverse final judgment or approved
<br />settlement, but only if the defending party Is promptly notified in writing cf the claim and has the right to control
<br />the defense and any settlement of it (subject to (subject to 28 U.S.C. § 516 Is Customer is a Federal
<br />Government agency). The party being defended must provide the defending party with all requested
<br />assistance, Information and authority. The defending party will reimburse the other party for reasonable out-
<br />of-pocket expenses it Incurs in providing assistance, This section describes the parties' sole remedies and
<br />entire liability for such claims.
<br />a. By Microsoft. Microsoft will defend Customer against any third -party claim to the extent It alleges
<br />that any Fix or Services Deliverable made available by Microsoft for a fee and used within the scope
<br />of Section 3 of this Amendment (unmodified from the form provided by Microsoft and not combined
<br />with anything else) misappropriates a trade secret or directly Infringes a patent, copyright, or
<br />trademark or.other proprietary right of a third party. If Microsoft Is unable to resolve a claim of
<br />Infringement under commercially reasonable terms, it may, at Its options, either (1) modify or replace
<br />the Fix or Services Deliverable with a functional equivalent; or (2) terminate Customer's license and
<br />refund any fees paid for such Flx(es) and Services Deliverable(s). Microsoft will not be liable for
<br />any glalms or damages dUe to Customer's continued use of a Product, Fix or Services deliverable
<br />after being notified to stop due to a third=party claim.
<br />b. By Customer. To the extent permitted by applicable law, Customer will defend Microsoft
<br />against any third -party claim to the extent it alleges that Customer's use of any Fix or Services
<br />Deliverable alone or In combination with anything else, violates the law or damages a third party.
<br />c. Notwithstanding the foregoing, Microsoft's rights set forth in this section (and the rights of the
<br />third party claiming infringement) shall bo governed by the provisions of 28 U.S.C, § 1498, if
<br />Customer Is a Federal Government agency, -
<br />8. Limitations of liability.
<br />Each party's maximum, aggregate liability to the other is limited to direct damages finally awarded in
<br />an amount not to exceed the amounts Customer was required to pay for the applicable Statement of
<br />Services, subject to the following.
<br />a. Free Professional Services and Distributable Code. For Professional Services provided free
<br />of charge and code that Customer is authorized to redistribute to third parties without a separate
<br />payment to Microsoft, Microsoft's liability is limited to direct damages finally awarded up to
<br />US$5000.
<br />b, Exclusions. In no event will either party be liable for any Indirect, incidental, special,
<br />punitive, or consequential damages, or for loss of use, loss of business information, loss
<br />of revenue, or Interruption of business, however caused or on any theory of liability.
<br />c. Exceptions, No limitation or exclusions will apply to liability arising out of either party's (1)
<br />confidentiality obligations (except for all liability related to Customer Data, which will remain subject
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