Common use of By Microsoft Clause in Contracts

By Microsoft. Microsoft will defend Enrolled Affiliate against any claims made by an unaffiliated third party (1) that any Product or Fix infringes its patent, copyright, or trademark or makes unlawful use of its Trade Secret; or (2) that arises from Microsoft’s provision of an Online Service in violation of subsection (a) of the section titled “Compliance and applicable laws, privacy, and security” above. Microsoft will pay the amount of any resulting adverse final judgment or approved settlement. This does not apply to: (i) Customer Data; (ii) non-Microsoft software; (iii) modifications to a Product or Fix Enrolled Affiliate makes or any specifications or materials Enrolled Affiliate provides; (iv) Enrolled Affiliate’s combination of the Product or Fix with (or damages based on the value of) a non-Microsoft product, data, or business process; (v) Enrolled Affiliate’s use of a Microsoft trademarks without express, written consent or the use or redistribution of a Product or Fix in violation of this Agreement; (vi) Enrolled Affiliate’s use of a Product or Fix after Microsoft notifies Enrolled Affiliate to discontinue that use due to a third party claim; or (vii) Products or Fixes provided free of charge.