Limitation Of Liability - Mercedes-Benz XENTRY Diagnosis Kit 4 Guide Utilisateur

COMPANY agrees to inform its employees and other individuals who have access to the Microsoft Software Products that
the Microsoft Software Products: (i) are licensed by Microsoft and the OEMs, (ii) may be used only subject to the terms
and conditions contained in this Agreement (including the applicable License Terms), and (iii) may not be copied,
transferred, or otherwise used in violation of such terms and conditions. COMPANY agrees to use all commercially
reasonable efforts to prevent any unauthorized distribution, use, duplication, or pirating of the Microsoft Software
Products.
3.3. Term and termination of Agreement
This Agreement shall take effect on the date on which COMPANY enters into its first Lease or first exercises the rental
rights in section 2 (if earlier) and will remain in effect until terminated by Microsoft. If Microsoft provides notice of
termination, then COMPANY's rights under this Agreement will terminate 90 days following the date of the notice;
provided, however, that the rights granted by this Agreement with regard to Leases in effect at the time of termination
shall survive for the entire length of those Leases. Microsoft also may terminate this Agreement immediately, upon notice,
if COMPANY breaches this Agreement. If this Agreement is terminated, COMPANY and its affiliates may not enter into
another version of this Agreement without Microsoft's prior written consent.

4. Limitation of liability

There may be situations in which COMPANY has the right to claim damages from Microsoft or its affiliates. Whatever the
basis for COMPANY's claim (such as breach of contract or tort), liability of Microsoft and its affiliates will be limited to
direct damages up to US$50.00. This monetary limitation will not apply to (i) liability for damages caused by Microsoft's or
its affiliates', or their employees' or agents', recklessness or willful misconduct and awarded by a court of final
adjudication or (ii) liability for personal injury or death caused by Microsoft's or its affiliates', or their employees' or
agents', negligence or for fraudulent misrepresentation.
Neither Microsoft, its affiliates, nor anyone else who has been involved in the creation, production, or delivery of
the Microsoft Software Products, shall be liable for any indirect, consequential, or incidental damages (including
damages for loss of business profits, business interruption, loss of business information, and the like) arising
out of the use or inability to use the Microsoft Software Products even if Microsoft has been advised of the
possibility of such damages.
COMPANY, its affiliates, and its franchisees must not make to any Lessee, or any user of rental rights, any
representation with respect to the Microsoft Software Products or the use thereof, except as is explicitly set
forth in the License Terms. COMPANY agrees to defend, indemnify, and hold harmless Microsoft and its affiliates
from and against any and all claims arising from or relating to COMPANY's breach of this Agreement or any
negligent act or omission related to COMPANY's activities under this Agreement.
5. Verifying compliance
5.1. Right to verify compliance
COMPANY must keep records relating to the Leased PCs, its Leases, exercise of rental rights, and implementation of
COMPANY's obligations under this Agreement. Microsoft has the right to verify compliance with the Agreement, at
Microsoft's expense, during the term of the Agreement, and for a period of one year thereafter.
5.2 Verification process and limitations
To verify compliance, Microsoft will engage an independent accountant from an internationally-recognized public
accounting firm, which will be subject to a confidentiality obligation. Verification will take place upon not fewer than 30-
days' notice, during normal business hours and in a manner that does not interfere unreasonably with COMPANY's
operations. COMPANY must promptly provide the accountant with any information the accountant reasonably requests in
furtherance of the verification. As an alternative, Microsoft can require COMPANY to complete Microsoft's self-audit
Guide utilisateur XENTRY Diagnosis Kit 4 - GSP/ORE, version 09/2020 (valable jusqu'à résiliation)
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