Microsoft PB10ZUM, OMPB10VWM Interpreting the Contract, Assignment, No Third Party Beneficiaries

• Microsoft knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

10. Interpreting the Contract

All parts of this Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Agreement will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the KIN Software. The section titles in the Agreement do not limit the other terms of this contract.

11. Assignment

We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the KIN Software or any parts of the KIN Software.

12. No Third Party Beneficiaries

This Agreement is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

13. Claim Must be Filed Within One Year

Any claim related to this Agreement or the KIN Software may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

14. Contracting Party, Choice of Law and Location for Resolving Disputes

If this Agreement is with Microsoft Corporation, Washington state law governs the interpretation of this Agreement and applies to all claims and matters related to the KIN Software. If this contract is with a Microsoft affiliate, all claims and matter related to the KIN Software will be subject to the laws of the place of incorporation for such Microsoft affiliate, without reference to conflict of laws principles. If this Agreement is with Microsoft Corporation, you and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this Agreement. If this Agreement is with a Microsoft affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Microsoft affiliate for all disputes relating to this Agreement or the KIN Software.

NOTICES

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