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14. Nlisceflat'leolls. r <br />a. Use of contractors, IVIlcrosoft r6y true contractors Id perform services, but will be responsible <br />for their performance subject to )ha terms of this Agreement, <br />b, Microsoft as hrdapandanl contractor, The parties one independent contractors, Cnrolled <br />Affiliate and Microsoft each md,y develop lnroducts Independently 'without using the other's <br />Confidential Infomiatlon, <br />c, Notices. Notices to Microsoft inlust be sent to iho address on the signature form. Notices must <br />he In willing and will be treated as dolivered oil the date slsawn on the return recoipl or on the <br />courier or lax confirmallon of delivery. Microsoft may provide information to Enrolled Alllllate <br />about upoilmlog ordering deadlines, services, and subscription Information In electronic form, <br />Including by email to contacts provided by Enrolled Affiliate, Emails Militia treated as delivered <br />on the transmission dote. <br />d. Agreement not oxclusivs. Customer Is free to enter Into agreements to license, use or <br />promote non -Microsoft products; <br />a. Ammidollso . Any amendlmont to this Agreensent mustbe executed by both parties, except <br />that Microsoft may change Old Product Terms and the Use Rights from lime to lime In <br />accordance with the terms of tills Agreement. Any oonflioling terms and condillons contained <br />in an Enrolled Affiliate's purchastl order will not apply, Microsoft. may require Customer to sign <br />a new agreamnnl or an afnendrnent before an Enrolled Affiliate enters Into an Enrollment undar <br />this agreement. I <br />f. Assignment. Ettharparty may assign this Agreement to an Affiliate, but must notify the other <br />party in writing -of the asslgnmei t. Any other proposed assignment must be approved by trio <br />non -assigning parry In writing, Assignment will not relieve the assigning -Party of Its obligations <br />(in dor the assigned agreement Any attempted aSelgnrnent without required approval will be <br />void. I <br />g, Applicable few; dispute rosoRitlon, The terms of this Agreement will be governed by the <br />taws of Cuttombr's stole, withol,d giving effect to its conflict of laws. Disputes relating to this <br />Agreement will be subject to apolicobfe dispute resolution lawa or Cusm toer's slate. <br />It. Govarnbllity. It any provision innhls agraenranl is held to be unenforceable, (he balance of fire <br />Agreement will remain in full fords and effect. <br />1. Waiver. Fafhve to enforce any' provision of tills agreement will not constitute a waiver, Any <br />waiver must be in writing and signed by the waiving party. <br />j. No third party beneficiaries. ;Tills Agreement does not create any third -party bonariclary <br />rights. <br />ld, Gnrvival. All provisfmts survive lemHnallon or expiration of this Agreernont except those <br />requiring performance only during the tern of the Agreement, <br />1. ManngamentandRepnrting. �uslomerandtorEnrolled Affrllalamaymanageaccountdetaiis <br />(a,g„ contact's, orders. Ltoanses, software downloads) on Miefoself's Volume Licensing <br />Ssn+ire d'enter ("VI-601 web site (or successor site) at: <br />f ule (i Mtdv n Icr sod rags )icenwhiq/se vl ecy Doter. Upon the effective date of this Agreement <br />and any Hnrolmants, the ennlacl(s) idengfied for this purpose will be provided actr;ss to this <br />site and nlayauthortxe addilionnl users and contacts. <br />m, Order of Precedence, In the case of a conflict between any documents In this Agreement that <br />Is not expressly resolved In Mona documents, Irish terms will control in the following or(lor from <br />highest to lowest priority: (1) thio Enterprise Agreement, (2) any Enrollment, (3) the Product <br />Terms, (d) the Onflre Services Terms, (6) orders submitted wider this Agreement, and (6) any <br />other documents In this Agreement, Terns In on egrendnieut COnu'ei over the amended <br />document and any prior Amendments concerning the Bare subject (natter, <br />13k`n'111rh;tgU5)SLG[LIJGI[h'alL011i) i rl ap 10 of I I <br />' pommenl X2010200 <br />