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DocuSign Envelope ID:299DAE81-C703-494C-B9EC-EB57F8ABA670 <br /> e. Duration of Confidentiality obligation.These obligations apply(1)for Customer Data, until it is deleted from the Online <br /> Services; and (2)for all other Confidential Information,for a period of five years after a party receives the Confidential <br /> Information. <br /> Product warranties. <br /> a. Limited warranties and remedies. <br /> (1)Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA <br /> during Customer's use. Customer's remedies for breach of this warranty are described in the SLA. <br /> (2)Software. Microsoft warrants that the Software version that is current at the time will perform substantially as <br /> described in the applicable Product documentation for one year from the date Customer acquires a license for that <br /> version. If it does not, and Customer notifies Microsoft within the warranty term, Microsoft will, at its option, (a)return <br /> the price Customer paid for the Software license or(b)repair or replace the Software. <br /> The remedies above are Customer's sole remedies for breach of the warranties in this section. Customer waives any <br /> warranty claims not made during the warranty period. <br /> b. Exclusions. The warranties in this Agreement do not apply to problems caused by accident, abuse, or use inconsistent <br /> with this Agreement, including failure to meet minimum system requirements.These warranties do not apply to free,trial, <br /> preview, or prerelease products, or to components of Products that Customer is permitted to redistribute. <br /> c. Disclaimer. Except for the limited warranties above and subject to applicable law, Microsoft provides no other warranties <br /> or conditions for Products and disclaims any other express, implied or statutory warranties for Products, including warranties <br /> of quality, title, non-infringement, merchantability, and fitness for a particular purpose. <br /> Defense of third-party claims. <br /> The parties will defend each other against the third-party claims described in this section and will pay the amount of any <br /> resulting adverse final judgment or approved settlement, but only if the defending party is promptly notified in writing of the <br /> claim and has the right to control the defense and any settlement of it. The party being defended must provide the defending <br /> party with all requested assistance, information, and authority.The defending party will reimburse the other party for <br /> reasonable out-of-pocket expenses it incurs in providing assistance.This section describes the parties'sole remedies and <br /> entire liability for such claims. <br /> a. By Microsoft. Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product made <br /> available by Microsoft for a fee and used within the scope of the license granted under this Agreement(unmodified from the <br /> form provided by Microsoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, <br /> copyright, trademark, or other proprietary right of a third party. If Microsoft is unable to resolve a claim of misappropriation or <br /> infringement, it may, at its option, either(1)modify or replace the Product with a functional equivalent or(2)terminate <br /> Customer's license and refund any license fees(less depreciation for perpetual licenses), including amounts paid in advance <br /> for unused consumption for any usage period after the termination date. Microsoft will not be liable for any claims or damages <br /> due to Customer's continued use of a Product after being notified to stop due to a third-party claim. <br /> b. By Customer.To the extent permitted by applicable law, Customer will defend Microsoft and its Affiliates against any <br /> third-party claim to the extent it alleges that: (1)any Customer Data or Non-Microsoft Product hosted in an Online Service by <br /> Microsoft on Customer's behalf misappropriates a trade secret or directly infringes a patent, copyright,trademark, or other <br /> proprietary right of a third party; or(2)Customer's use of any Product,alone or in combination with anything else,violates the <br /> law or harms a third party. <br /> Limitation of liability. <br /> For each Product, each party's maximum, aggregate liability to the other under this Agreement is limited to direct damages <br /> finally awarded in an amount not to exceed the amounts Customer was required to pay for the Products during the term of <br /> the applicable licenses, subject to the following: <br /> Page 11 of <br />