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Notwithstanding the foregoing, and solely with respect to Federal Agency Customers, <br />Microsoft's rights set forth in this section (and the rights of the third parry claiming <br />infringement) shall be governed by the provisions of 28 U.S.C. § 1498. <br />7. Limitation of liability. <br />For each Product, each party's maximum, aggregate liability to the other under this <br />agreement is limited to direct damages finally awarded in an amount not to exceed the <br />amounts Customer was required to pay for the applicable Products during the term of this <br />agreement, subject to the following: <br />a. Online Services. For Online Services, Microsoft's maximum liability to Customer <br />for any incident giving rise to a claim will not exceed the amount Customer paid for <br />the Online Service during the 12 months before the incident; provided that in no event <br />will Microsoft's aggregate liability for any Online Service exceed the amount paid <br />for that Online Service during the Subscription. <br />b. Free Products and distributable <br />code that Customer is authorized t <br />payment to Microsoft, Microsoft's <br />awarded up to US$5,000. <br />code. For Products provided free of charge and <br />a redistribute to third parties without separate <br />liability is limited to direct damages finally <br />c. Exclusions. In no event will either party be liable for loss of revenue or <br />indirect, special, incidental, consequential, punitive, or exemplary damages, or <br />damages for loss of use, lost profits, revenues, business interruption, or loss of <br />business information, however caused or on any theory of liability. <br />d. Exceptions. The limits of liability in this section apply to the fullest extent permitted <br />by applicable law, but do not apply to: (1) the parties' obligations under Section 6; <br />or (2) violation of the other's intellectual property rights. <br />For Customers that are Federal Agencies, this Section shall not impair the Customer's <br />right to recover for fraud or crimes arising out of or related to this agreement under any <br />federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733. <br />8. Miscellaneous <br />a. Notices. You must send notices by mail, return receipt requested, to the address below. <br />Microsoft Corporation <br />Volume Licensing Group <br />One Microsoft Way <br />Redmond, WA 98052 <br />USA <br />Via Facsimile: (425) 936-7329 <br />Microsoft Corporation Legal and Corporate Affairs <br />Volume Licensing Group <br />One Microsoft Way <br />Redmond, WA 98052 <br />USA <br />Via Facsimile: (425) 936-7329 <br />v11222017 <br />