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© 2000 Microsoft Corporation. All rights reserved.
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6. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law,
Microsoft and its suppliers provide the Specification (and all intellectual property therein) and any
(if any) support services related to the Specification (“Support Services”) AS IS AND WITH ALL
FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory,
including, but not limited to, any (if any) implied warranties or conditions of merchantability, of
fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of
results, and of lack of negligence or lack of workmanlike effort, all with regard to the Specification,
any intellectual property therein and the provision of or failure to provide Support Services.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH
REGARD TO THE SPECIFICATION AND ANY INTELLECTUAL PROPERTY THEREIN. THE
ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF
THE SPECIFICATION, ANY INTELLECTUAL PROPERTY THEREIN, AND SUPPORT
SERVICES, IF ANY, REMAINS WITH YOU.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall Microsoft or its suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever (including, but
not limited to, damages for loss of profits or confidential or other information, for business
interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good
faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever)
arising out of or in any way related to the use of or inability to use the SPECIFICATION, ANY
INTELLECTUAL PROPERTY THEREIN, the provision of or failure to provide Support Services,
or otherwise under or in connection with any provision of this AGREEMENT, even in the event of
the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of
Microsoft or any supplier, and even if Microsoft or any supplier has been advised of the possibility
of such damages.
8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you
might incur for any reason whatsoever (including, without limitation, all damages referenced
above and all direct or general damages), the entire liability of Microsoft and any of its suppliers
under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be
limited to the greater of the amount actually paid by you for the Specification or U.S.$5.00. The
foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by
applicable law, even if any remedy fails its essential purpose.
9. APPLICABLE LAW. If you acquired this Specification in the United States, this
Agreement is governed by the laws of the State of Washington. If you acquired this Specification
in Canada, unless expressly prohibited by local law, this Agreement is governed by the laws in
force in the Province of Ontario, Canada; and, in respect of any dispute which may arise
hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto,
Ontario. If this Specification was acquired outside the United States, then local law may apply.
10.QUESTIONS. Should you have any questions concerning this Agreement, or if you desire to
contact Microsoft for any reason, please contact the Microsoft subsidiary serving your country, or
write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
11.ENTIRE AGREEMENT. This Agreement is the entire agreement between you and Microsoft
relating to the Specification and the Support Services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals and representations with respect to
the Specification or any other subject matter covered by this Agreement. To the extent the terms
of any Microsoft policies or programs for Support Services conflict with the terms of this
Agreement, the terms of this Agreement shall control.