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12. Confdentiaiity, <br /> We may use any technical information we derive from providing services related to our software for <br /> problem resolution, troubleshooting , product functionality enhancements and fixes , for our knowledge <br /> base. We agree not to identify you or disclose any of your confidential information in any item in the <br /> knowledge base. We are not obligated to restrict the future work assignments of people who have <br /> had access to your confidential information . In addition , you , we and these people are free to use the <br /> information that these people remember related to information technology, including ideas, concepts, <br /> know-how or techniques, so long as confidential information of the other party is not disclosed in the <br /> course of such use. <br /> To the extent permitted by applicable law, the terms and conditions of this agreement are confidential. <br /> Neither you nor we will disclose such terms and conditions, or the substance of any discussions that <br /> led to them , to any third party other than your or our affiliates or agents , or to your designated or <br /> prospective resellers who: (a) have a need to know such information in order to assist in carrying out <br /> this agreement; and (b) have been instructed by you or us that all such information is to be handled in <br /> strict confidence . <br /> 13. Warranties, <br /> a. Limited software warranty. We warrant that each version of the software will perform <br /> substantially in accordance with our user documentation . This warranty is valid for a period <br /> of one year from the date you first run a copy of the version . To the maximum extent <br /> permitted by law, any warranties imposed by law concerning the software are limited to the <br /> same extent and the same one year period . This warranty does not apply to components of <br /> the software which you are permitted to redistribute under applicable product use rights, or if <br /> failure of the software has resulted from accident, abuse or misapplication . If you notify us <br /> within the warranty period that software does not meet this warranty , then we will, at our <br /> option , either (i) return the price paid for that software or (ii) repair or replace that software. <br /> To the maximum extent permitted by law, this is your exclusive remedy for any failure of any <br /> software to function as described in this subsection <br /> b. NO OTHER WARRANTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE <br /> DISCLAIM AND EXCLUDE ALL REPRESENTATIONS , WARRANTIES AND CONDITIONS , <br /> WHETHER EXPRESS, IMPLIED OR STATUTORY, OTHER THAN THOSE IDENTIFIED <br /> EXPRESSLY IN YOUR AGREEMENT, INCLUDING BUT NOT LIMITED TO WARRANTIES <br /> OR CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, <br /> MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO <br /> THE SOFTWARE, RELATED MATERIALS AND SERVICES. WE WILL NOT BE LIABLE <br /> FOR ANY SERVICES OR PRODUCTS PROVIDED BY THIRD PARTY VENDORS , <br /> DEVELOPERS OR CONSULTANTS IDENTIFIED OR REFERRED TO YOU BY US UNLESS <br /> SUCH THIRD PARTY PRODUCTS OR SERVICES ARE PROVIDED UNDER WRITTEN <br /> AGREEMENT BETWEEN YOU AND US, AND THEN ONLY TO THE EXTENT EXPRESSLY <br /> PROVIDED IN SUCH AGREEMENT. <br /> f4, Defense of infringement and misappropriation c/aims. <br /> We will defend you against any claims made by an unaffiliated third party that any software or fix <br /> infringes its patent, copyright or trademark or misappropriates its trade secret, and will pay the <br /> amount of any resulting adverse final judgment (or settlement to which we consent) . <br /> You must notify us promptly in writing of the claim and give us sole control over its defense or <br /> settlement . You agree to provide us with reasonable assistance in defending the claim, and we will <br /> reimburse you for reasonable out of pocket expenses that you incur in providing that assistance. The <br /> terms " misappropriation" and "trade secret' are used as defined in the Uniform Trade Secrets Act. <br /> Microsoft Campus and School 0.4 Agreement General Terms and Conditions 9 of 13 <br /> (U.S .) (English) August 15, 2005 <br />