Datasheet

guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or

regulation; unjust enrichment; or under any other theory, but in each case solely to the extent

not prohibited by your local laws.

b. The damage exclusions and remedy limitations in this Agreement apply even if: (a) you have no

remedy (the Services are licensed “as is”); (b) if repair, replacement, or a refund (if required by

your local law) does not fully compensate you for any losses; (c) if the manufacturer or

Microsoft knew or should have known about the possibility of the damages; or (d) if the remedy

fails of its essential purpose.

13. Miscellaneous.

a. Compliance with Laws. We and our Providers will comply with applicable law (including

applicable security breach notification law) in performance under this Agreement, although laws

that do not apply generally to IT service providers will not be applicable for purposes of this

Section 13.a. You hereby provide any consents required: (i) to allow us and our Providers to

access, use, and disclose your data; and (ii) for us and our Providers to provide the Services.

b. Changes. The Services may be changed periodically, after which you may need to agree to new

terms. We and our Providers will use commercially reasonable efforts to avoid degrading Data

security through any such change.

c. Force Majeure. A “Force Majeure Event” means fire, casualty, or an act caused exclusively by

forces of nature, riot, terrorist act, war, labor dispute, material changes of laws or regulations,

or court decree. A Force Majeure Event does not include theft or loss. Neither party will be

liable for failing to perform under the Agreement to the extent that a Force Majeure Event

caused the failure. The party subject to the Force Majeure Event must notify the other party,

and must perform the obligations that were not performed, as soon as the Force Majeure Event

stops.

d. Entire Agreement; Applicability. This Agreement is the parties’ entire agreement on this subject

and supersedes any concurrent or prior communications. Agreement terms that require

performance, or apply to events that may occur, after termination or expiration will survive. Our

Providers may deliver the Services (in whole or in part), and the rights granted to us also apply

to them, and Section 12 also limits their liability.