Microsoft. Microsoft warrants and represents that it has the full power to enter into this Agreement and it has not previously and will not grant any rights to any third party that are inconsistent with the rights granted to Publisher herein.
Microsoft. NET BENCHMA RK TESTING. The software includes one or more components of the
Microsoft. Microsoft represents and warrants to the Company that ---------- has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder.
Microsoft. Microsoft will indemnify and hold harmless the Company --------- against, and will defend or settle at Microsoft's expense, any action actions, claims, liabilities, losses, damages, costs, expenses, judgments and penalties, including but not limited to reasonable attorneys' fees, or other proceeding brought by third parties against Company to the extent based on a claim that, if true would (a) result from any misrepresentation or breach of representation or warranty of Microsoft contained herein, or (b) result from any breach of any covenant or agreement to be performed by Microsoft hereunder.
Microsoft. Microsoft warrants and represents that:
9.2.1 It has the full power to enter into this Agreement; and [*] Confidential portion omitted and filed separately with the Securities Exchange Commission
9.2.2 It has not previously and will not grant any rights to any third party that are inconsistent with the rights granted to Licensee herein.
Microsoft. Microsoft Software, which is provided by Centre to Customer under a Service Provider License Agreement (a “SPLA”), has specific terms and conditions for the use of such Software. These terms and conditions are contained in Appendix A. In the event of a conflict between the terms of this Agreement and the license terms and conditions of such Third-Party Software, the license terms and conditions of the Third-Party Software shall control.
Microsoft. NET BENCHMA RK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmar k testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at xx.xxxxxxxxx.xxx/xxxxxx/?XxxxXX=00000. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applica ble .NET Component, provided it complies with the same conditions set forth at xx.xxxxxxxxx.xxx/xxxxxx/?XxxxXX=00000.
Microsoft. MICROSOFT warrants and represents that it has the full power to enter into this Agreement and make the assignments and grant the license rights set forth herein.
Microsoft. Microsoft warrants and covenants that it has the full power to --------- enter into and perform according to the terms of this Agreement.
Microsoft. The Customer agrees that some of the provisions of this Agreement be formulated in the interest of not only Proximus but also of its licensors and vendors, including Microsoft and its affiliates. The Customer further agrees that each of the foregoing Parties shall be fully entitled in their own right to require the due performance of these provisions. Without prejudice to the foregoing, Microsoft is not a party to the Agreement concluded between Proximus and the Customer. Within the extent authorized by law, Microsoft and its affiliates decline any responsibility vis-à-vis the Customer for any direct, indirect or consequential damage resulting from the sale and use of the Service and the support provided with it. 5.11. Proximus shall not be bound by any agreements that the Customer may have concluded with service providers.
