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law rogardIng Ilia collection, use, h'ansior, retention, and other processing of personal data
<br />from the Europaarl Economic Aria and %Ylnadand,
<br />o, U,S. oxporl, Products and I,Ixeis are subject to U,S, oxpori )urisdlotion. rfirollod Affillato nttlst
<br />comply with all applicable iniernallonal and national lawn, Including the US, Export
<br />Administration Regulations ond' International Traffic In Alms Regulations, and and -user, end
<br />use and destination restrictions Issued by U.S. and other governments related to MLrosofl
<br />prodoots, services and technologies.
<br />10, Warranties.
<br />a. limited warranties and remedies.
<br />(1) Software. Microsoft warrodts [hat each version of the 5olh2are vdil perform substantially
<br />as described in the applicable Product documentation for one year from the date the
<br />Enterprise Is first Ilcensedifor that version. If It does not and the Enterprise notifies
<br />Microsoft within the warranty larm, than Microsoft will, at Its option (1) return the price
<br />r-.nrolled Affiliate Paid for the Soflworo license, or (2) repair or replace the Software,
<br />fit) Online Services, Microsoft warrants that each Online Service will perform In accordance
<br />with [he appkobta SI.A during [lie Cnleflodge's use. The Enterprise's remedies for breach
<br />of this warranty are in the SI..A,
<br />The remedies above are the Enterprise's sole remedies for breach of Ilia warrantles in this
<br />section. Customer waivas any breach of warranty claims not made during the warranty period.
<br />b. Exclusions. The warranties hrihts agreement do not apply to problems caused by accident,
<br />abuse, or use In a manner Inconsistent with this Agreement. Including failure to meet minimum
<br />system requhemenis, These Iw0franties do not apply to free, trial, pro-rctaose, or beta
<br />products, or to components of Products that Enrolled Affiliate is permitted to redistribute.
<br />c. Disclaimer, Except for the fimited warranties above, Microsoft provides no other
<br />warranties or conditions slid disclaims any other axPress, implied, or statutely
<br />warranties, Including warranties of quality, this, non -Infringement, merchantability, and
<br />fitness for a particular purpose.
<br />11. Defense of third Marty claims.
<br />The parties will defend each other against the third -party claims described In this section and will pay the
<br />emoun( of any resulting adverse final judgment or approved settlement, but only If the defending party is
<br />promptly notified In valdng of the claim and h'as the fight to control the defense and any settlement still The
<br />porgy being defended must provide the defending party with all requested assistance. Information, and
<br />nuthridly. The defending parry will rolmburae the other party for reasonable oul•of-poolrsi expensosit ineurs
<br />in providing assistance. This section describes Ilia partias'sole retaedias and enthe liability for such cfainrns.
<br />a. ay Microsoft. Mlcrosntt will defend Enrolled Affiliate against any third -party c4dm tothe extent
<br />it alleges that a Product or Fix made available by Microsoft for a fee and usad within the scope
<br />orthe license. granted (unmodified from the form provided by hlicrosefland not combined with
<br />anything else) misappropriates a Irado secret or directly Infringes a patent, copyright,
<br />tradema k or other proprietary right We third party. If Microsoft Is unable to resolve a raim of
<br />Inf ligement under commercially reasonable terms, It may, at Its option, either (1) modify or
<br />replace the Produc( or Fix with a functional equivalent; or (2) terminate Enrolled Affiliate's
<br />license and refund any prepaid license ices (less depreciation on a five-year, straight-line
<br />basis) for perpetual licenses add any amount Paid for Online Services for any usage period
<br />after the term inallondata Microsoft will not be liable for any claims or damages due to Enrolled
<br />Affiliate's continued use of a Product orFix after being notified to stop due to a third -party claim.
<br />b, py Enrolled Affiliate, To Ilia e'xlonl permitted by applicable law, Carolled Affiliate will defend
<br />Microsoft against any third -pasty claim to Ilia extent It alleges Ihal: ('1) any Customer Data or
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