For Microsoft Sample Clauses

For Microsoft. For countries listed as ‘Microsoft-managed countries/regions’ or ‘Reseller countries/regions’ on the Microsoft website ( Tax details for Microsoft commercial marketplace - Marketplace publisher | Microsoft Learn), the taxes (if any) applicable to (or arising from) the payment of Fees to the Marketplace Operator shall be determined between, and payable by, You and the Marketplace Operator (as applicable), along with any relevant invoicing and tax reporting obligations. SUSE has no liability under the Agreement with respect to such taxes, invoicing or tax reporting obligations for sales to customers in these jurisdictions. For sales to other countries (identified on the website as ‘Publisher/Developer-managed countries/regions’), SUSE and You agree to comply with all relevant tax reporting obligations as determined by the appropriate taxing authorities.
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  • By Microsoft Microsoft will defend Customer against any third-party claim to the extent it alleges that a Product made available by Microsoft for a fee and used within the scope of the license granted under this Agreement (unmodified from the form provided by Microsoft and not combined with anything else), misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party. If Microsoft is unable to resolve a claim of misappropriation or infringement, it may, at its option, either (1) modify or replace the Product with a functional equivalent or (2) terminate Customer’s license and refund any license fees (less depreciation for perpetual licenses), including amounts paid in advance for unused consumption for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Customer’s continued use of a Product after being notified to stop due to a third-party claim.

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