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Reservation of Rights. Products, Fixes, and Service Dellverables are protected by copyright and
<br />other Intellectual properly rights laws and International trealles. Microsoft reserves all rights not
<br />expressly granted In this Agreement. No rights will be granted or implied by waiver or estoppel.
<br />Supportability of Products. Support for Products is available under the terms of a licensing
<br />agreement, a separate Statement of Services or under the terms set forth at
<br />iilto:lisuimorI.mlcrosoft. corn or a successor site,
<br />4. Confidentiality. Subject to the requirements of Customers public records and trade secret laws (if any):
<br />"Confldenllal Information" Is non-publlo Information that Is designated "confidential" or that a reasonable
<br />person should understand Is confidential, and the terms of this Amendment, It Includes, but Is not limited to,
<br />non-public information regarding either party's products, features, marketing and promotions, and the
<br />negotiated terms of any Statement of Services.
<br />Confidential Information does not Include information that (a) becomes publicly available without a breach of
<br />this Amendment, (b) the receiving party received lawfully from another source without a confidentiality
<br />obligation, (c) is Independently developed, or (d) is a comment or suggestlon volunteered about the other
<br />party's business, products or services.
<br />Each party will take reasonable steps to protect lhp other's Conildentlal Information and will use the other
<br />party's Confidential Information only for purposes of the parties' business relationship. Neither party will
<br />disclose that Confidential Information to third parties, except to its employees, Affiliates, contractors, advisors,
<br />and consultants (collectively "Representatives") and then only oh a need -to -know basis, under non -disclosure
<br />obligations at least as protective as this Agreement. Each party remains responsible for the use of the
<br />Confidential Information by its Representatives and, In the event of discovery of any unauthorized use or
<br />disclosure, must promptly notify the other party.
<br />_ A party may disclose the other party's Confidential Information if required by law; but only after It notifies the
<br />other party (If legally permissible) to enable the other party to seek a protective order.
<br />Neither party Is required to restrict work assignments of Its representatives who have had access to
<br />Confidential Information. Each party agrees that use of Information in representatives' unaided memories In
<br />the development or deployment of the parties' respective products or servlces does not create liability under
<br />this Artiendment or Trade Secret law, and each party agrees to limit what itiiiscloses to the other acbordingly,
<br />These obligations apply for a period of five years after the confidential Information Is received.
<br />5, Compliance with applicable laws, privacy and security.
<br />a. Customer consents to the processing of personal information by Microsoft and its agents to facilitate
<br />the subject matter of this Amendment. Customer will obtain all required consents from third parlies
<br />(including Customer's contacts,' resellers, distributors, administrators, and employees) under
<br />applicable privacy and data protection law before providing personal inforMallon to Microsoft.
<br />b. Personal information collected through Professional Services (1) may be transferred, stored and
<br />processed in the United Slates or any other country in which Microsoft or its contractors maintain
<br />facilities and (ii) will be subject to the privacy terms specified in the Use Rights. Microsoft will abide
<br />by the requirements of European Economic Area end Swiss data protection law regarding the
<br />collection, use, transfer, retention and processing of personal data from the European Economic
<br />Area and Switzerland.
<br />c. U.S. Export, Microsoft Products, Fixes and Services Deliverables are subject to U.S, export
<br />jurisdiction, Customer must comply with all applicable international and national laws, Including the
<br />U,S, Export Administration Regulations, the International Traffic In Arms Regulations, and end -user,
<br />end use and destination restrictions by U.S, and other governments related to Microsoft Products,
<br />services, and technologies.
<br />6, Warranties,
<br />AmendmenlApp v4.0 CTM-FUNK-CTC-AGR 0D
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