Reference Guide
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Subject to the foregoing clause (ii), Microsoft will only be liable for slight negligence if Microsoft is in breach of such
material contractual obligations, the fulfillment of which facilitate the due performance of this agreement, the breach of
which would endanger the purpose of this agreement and the compliance with which a party may constantly trust in
(so-called "cardinal obligations"). In other cases of slight negligence, Microsoft will not be liable for slight negligence
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED "AS-IS." YOU BEAR THE RISK OF USING IT.
MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. TO THE EXTENT PERMITTED
UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND
ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES,
INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to (a) anything related to the software, services, content (including code) on third party Internet sites,
or third party applications; and (b) claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation
or exclusion may not apply to you because your state or country may not allow the exclusion or limitation of incidental,
consequential or other damages.
Microsoft software license terms for MSTest.TestAdapter and MSTest.TestFramework 5