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questionnaire relating to the Leased PCs COMPANY leased, and rental rights COMPANY exercised, under this Agreement,
but Microsoft reserves the right to use a verification process as set out above.
If Microsoft undertakes verification and does not find material unauthorized leasing, rental, or failure to keep records
required under this Agreement (unauthorized leasing or rental, or records deficiency of 5 percent or more), Microsoft will
not undertake another verification of the same entity for at least one year. Microsoft and Microsoft's auditors will use the
information obtained in compliance verification only to enforce Microsoft's rights and to determine whether COMPANY is
in compliance with the terms of this Agreement. By exercising its rights under this section 5.2, Microsoft does not waive
its rights to enforce this Agreement or to protect its intellectual property by any other means permitted by law.
5.3 Remedies for noncompliance
If verification or self-audit reveals any unauthorized leasing or recording deficiencies, COMPANY must promptly acquire
the necessary rights to reflect its leasing and rental activities. If material unauthorized leasing or failure to keep required
records by COMPANY is found, COMPANY must reimburse Microsoft for the costs Microsoft has incurred in verification
within 30 days of the finding.
6. General
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns, provided that COMPANY may not assign its rights or obligations under this Agreement in any way without the
prior written consent of Microsoft.
If COMPANY is located in Europe, the Middle East, or Africa, this Agreement shall be construed under, and controlled by,
the laws of Ireland, and COMPANY consents to jurisdiction and venue in the courts sitting in Ireland. Otherwise, this
Agreement shall be construed under, and controlled by, the laws of the State of Washington, United States, exclusive of
its choice of law rules, and COMPANY consents to jurisdiction and venue in the courts sitting in King County, State of
Washington, United States. Process may be served on either party in the manner as is authorized by applicable law or
court rule. Sections 1.3, 3.3, 4, 5, 6, and 7 of this Agreement, as well as the prohibition on exercising rights as an end user
under the License Terms for the units of Microsoft Software Products leased under this Agreement, will survive
termination or expiration of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction
to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
© 2018 Microsoft Corporation. All rights reserved.
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