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by the U.S. Department of Commerce regarding the collection, rise, and retention of data from the European Union, the European Economic Area, and Switzerland, e, U.S, export jgYisdigtlgn. Products and Fixes are subieot to U.S. export jtaisdiclipn. Emoile(i Affiliate must comply with all applicable international and national laws, inciudfng -the U.S; Export Administration Regulations and International Traffic in Anne 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. l.inhitedwarranties and remedies, (I) Software. Microsoft warrants that each version of the Software Will perform ;substantially as described In the applicable Product documentation for one year frohi ilioAate a1Ye Enterprise is first licensed for that version, If it does not and th'e Cnierprlse, no(ifles Microsoft within the warranty term, then Microsoft will, at its option (1) return the price Enrolled Affiliate paid for the Software license, or (2) repair or repiaoedhe Software. (11) Online Services. Microsoft warrants that "oil Online SeiVico Will perform in accordance with the applicable SLA during the Enlorprlae'a use. The Enterprise's remedies for breach of this warranty are In the SLA. The remedies above are the Enterprise's sole. remedies for breaoh of the warranties in tills section. Customer waives any breach of warranty claims not made during fhe warranty period. b, Exclusions. The warranties in [his agreement do not cover problems caused by acclaent, abuse, or use In a manner 'Inconsistent with this Agreement, Including fallute to meet minimum system faijuirom'ants. These warranties do not apply to free, trial, .pre- release„ or bola Producs, or to components of. Products that En011ejd Affiliate is parrrlffted to redistribute. c, DISCLAIMER. Microsoft provides no other warrantles or -Conditions and disclaims. any other express, implied, or statutory warranties, including warranties of quality, title, non - infringement, morchantabllity, and fitness for particular purpose, 99. Defense of third party claims. A, By Mloroegf(, .Microsoft will .defend Enrolled Affiliate- against Any olalfns rpa'de by:aln unaffiliated third patsy ('t) that any Peoduot or Fix infringes Its patent;. copyright, or hadomork or makes unlawful use of its Trade Secret; or (2) that arisas:from Mfarosoft's provision of an Online Service in violation of laws applicable to all online sarvlcas providers. Microsoft will pay the Amount of any resulting adverse final judgment or approved settlement, This does not apply to claims based on (1) Customer Data; (ii) non- Miorosof'software; (Ili) modifications to a Product or Fix Enrolled Affiliate makes or any specifications or materials Enrolled Affiliate provides; (Iv) Enrolled Affiliate's combination of the Product or Fix with (or damages based on the value of) a non-Microsoft product, data, or business process; (v) EnrolledAffilialOS use of a Microsoft trademark without express, written consent, or the use or redistribution of a Product or Fix In violation of this Agreement; (vi) Enrolled Affiliate's continued (Ise of a Product or Fix after tieing notified to stop dire to a third party claim; or (vii) Products or Fixes provided free ofchargo, b. By Enrojlod Affiliato. Enrolled Affiliata will defend Microsoft agalnstahy claims made by an unafflliaia(i third party that: (1) any Customer Data or non-Microsoft software Microsoft hosts on Enrolled Affiliate's behalf infringes the third party's patent, copyright, or trademark or makes unlawful use of Its Trade Secret; or FA2015Agr(US)SLG(ENG)(Aug20r5) 25C -14 Page aof 11 Document X20,1'..666