Use of Equipment and Tools. If the Materials include any computer hardware or other equipment or tools (“Equipment”), or if Microsoft requires Company to build or acquire any Equipment to be used in * Confidential treatment has been requested for portions of this agreement. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as *. A complete version of this agreement has been filed separately with the Securities and Exchange Commission. connection with the performance of E-Commerce Activities, the following additional requirements will apply to Company’s use of the Equipment, except to the extent that the parties agree otherwise in a written agreement (e.g., a separate Equipment lease or purchase agreement):
Use of Equipment and Tools. Neither User, nor its employees, volunteers, contractors or any other person not authorized in writing by Lamplighters may use any of the tools or equipment in the Leased Space, except for the following: . By granting such permission to use the described tools and equipment, Lamplighters assume no liability or responsibility for supervision of the use of the tools or equipment, the condition of the equipment, or for any Claims arising from the use or condition of such tools and equipment which are furnished “as is,” all of which liability and all risks are expressly assumed by User and shall be covered by the indemnification and defense obligations set forth in paragraph 8, above. Specifically, but without any limitation of the generality of any of the foregoing, Lamplighters make no warranty, express or implied, as to the condition, fitness for purpose or merchantable quality or any other warranty of any kind whatsoever, express or implied, as to the tools and equipment.
