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9. Privacy and compliance with laws. <br />a. Enrolled Affiliate consents to the processing of personal information by Microsoft and its agents <br />to facilitate the subject matter of this Agreement. Enrolled Affiliate will obtain all required <br />consents from third parties under applicable privacy and data protection law before providing <br />personal information to Microsoft. <br />b. Personal information collected under this agreement (1) may be transferred, stored and <br />processed in the United States or any other country in which Microsoft or its service providers <br />maintain facilities and (2) will be subject to the privacy terms specified in the Use Rights. <br />Microsoft will abide by the requirements of European Economic Area and Swiss data protection <br />law regarding the collection, use, transfer, retention, and other processing of personal data <br />from the European Economic Area and Switzerland. <br />c. U.S. export. Products and Fixes are subject to U.S. export jurisdiction. Enrolled Affiliate must <br />comply with all applicable international and national laws, including the U.S. Export <br />Administration Regulations and International Traffic in Arms Regulations, and end-user, end <br />use and destination restrictions issued by U.S. and other governments related to Microsoft <br />products, services and technologies. <br />I? <br />of <br />10. Warranties. X <br />a. Limited warranties and remedies. <br />(i) Software. Microsoft warrants that each version of the Software will perform substantially <br />as described in the applicable Product documentation for one year from the date the <br />Enterprise is first licensed for that version. If it does not and the Enterprise notifies <br />Microsoft within the warranty term, then Microsoft will, at its option (1) return the price <br />Enrolled Affiliate paid for the Software license, or (2) repair or replace the Software. <br />(ii) Online Services. Microsoft warrants that each Online Service will perform in accordance <br />with the applicable SLA during the Enterprise's use. The Enterprise's remedies for breach <br />of this warranty are in the SLA. <br />The remedies above are the Enterprise's sole remedi s for breach of the warranties in this <br />section. Customer waives any breach of warranty claims not made during the warranty period. <br />10W <br />b. Exclusions. The warranties in this agreement do not applyto problems caused by accident, <br />abuse, or use in a manner inconsistent with Agreement, Including failure to meet minimum <br />system requirements. These warranties do not apply to free, trial, pre-release, or beta <br />products, or to components of Products that Enrolled Affiliate ' permitted to redistribute. <br />c. Disclaimer. Except for the limited warranties ab a rosoft provides no other <br />warranties or conditions and disclaims any o ress, implied, or statutory <br />warranties, including warranties of quality, titl# ingement, merchantability, and <br />fitness for a particular purpose. <br />J <br />11. Defense of third party claimsQ(4)_I�Iaims <br />The parties will defend each other against the th described in this section and will pay the <br />amount of any resulting adverse final judgm\rty <br />roved settlement, but only if the defending party is <br />promptly notified in writing of the claim and hight to control the defense and any settlement of it. The <br />party being defended must provide the def with all requested assistance, information, authority, <br />and must take all reasonable action to s losses arising from the third -party claim. The defending <br />party will reimburse the other party for a a le out-of-pocket expenses it incurs in providing assistance. <br />This section describes the parties' ies and entire liability for such claims. <br />a. By Microsoft.icros I defend Enrolled Affiliate against any third -party claim to the extent <br />it alleges that aPVugoor Fix made available by Microsoft for a fee and used within the scope <br />EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 8 of 11 <br />Document X20-10211 <br />130 <br />