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c. Application. Except as specified expressly in this Section 15 , the limitations on and exclusions of liability for damages in this agreement apply regardless of whether the liability is based on breach of contract, tort (including negligence) , strict liability, breach of warranties , or any other legal theory. 16. Verifying compfiance You must keep records relating to the software that you and any entity participating under this agreement run . We have the right to verify compliance at our expense, during the licensed period and for a period of one year thereafter. To do so, we will engage an independent accountant from a nationally recognized public accounting firm , which will be subject to a confidentiality obligation . Verification will take place upon not fewer than 30 days notice, during normal business hours and in a manner that does not interfere unreasonably with your operations. As an alternative, we may require you to accurately complete our self-audit questionnaire relating to the software you and any entity participating under a license agreement use. If verification or self-audit reveals unlicensed use of the software, you must promptly order sufficient licenses to permit all software usage disclosed . If material unlicensed use is found (license shortage of 5% or more) , you must reimburse us for the costs we have incurred in verification and acquire the necessary additional licenses as single academic retail licenses within 30 days. If we undertake such verification and do not find material unlicensed use of software, we will not undertake another verification for at least one year. We and our auditors will use the information obtained in compliance verification only to enforce our rights and to determine whether you are in compliance with the terms of the agreement. By invoking the rights and procedures described above , we do not waive our rights to enforce this agreement or to protect our intellectual property by any other means permitted by law. Additionally, you must use reasonable efforts to make your users aware of the terms and conditions upon which they are allowed to run the software. Accordingly, you must: a . Notify all users in advance of running the software that: (i) their use of the software is subject to the terms of this agreement, including but not limited to limitations on liability, disclaimer of warranties and exclusion of remedies ; (ii) they are allowed to run the software only during the licensed period ; and (iii) if your agreement is terminated , or you do not submit a subscription enrollment or extension order prior to the expiration of the licensed period or purchase perpetual licenses for the software , then all software run under your agreement must be deleted when the licensed period expires or is otherwise earlier terminated , whichever is first; and , b. Periodically publish in an institution-wide publication and applicable web sites a reference to the location (either physical or on a computer network) where they can view the Product List and product use rights . Microsoft publishes a copy of the Product List and product use rights at http://microsoft.com/licensing/; and , c. Notify us immediately if you are aware of any actual or potential violation of your agreement; and , d . Provide all reasonable assistance and cooperation as requested by us to investigate and remedy any unauthorized use of the software by your users. If you comply with this section , you will not be responsible for your student users' failure to comply with the terms of your agreement. Microsoft Campus and School 0.4 Agreement General Terms and Conditions 11 of 13 (U.S.) (English) August 15, 2005