Introduction. Aztek is committed to keeping your information private. We utilize security technology to protect the privacy of your information, and we abide by policies that stop unauthorized use of personal data. Aztek Privacy Statement & Terms of Use 1. Customer must obtain and keep any consents required to perform the required operations under this offer. Furthermore, Customer must obtain all necessary consents to allow Microsoft collect, process, and use any personal data transferred by Customer to Microsoft in relations with this offer and the business relationship between Customer, Aztek, and Microsoft. 2. Customer hereby grants Aztek Your permission to use and process Your information for any need and activity related to the offer, including the use of Your address provided for delivering mail and any other notifications related to the offer. You hereby authorize Us to provide Your contact information to Microsoft and consent to Microsoft contacting You directly. Customer shall not disclose the results of any comparative or compatibility testing, benchmarking, or evaluation, either directly or through a third party. 3. Aztek, nor any of Our affiliates, will not be responsible for any damage that may result from the implementation of this offer, data center malfunctions or due to violation by You or any third party of any applicable law, including the European General Data Protection Regulation (GDPR), the French General Security Policy for Health Information Systems (PGSSI S), if relevant, and the USA privacy laws, including the Digital Millennium Copyright Act. 4. For the GDPR purposes, as therein defined, Customer states and confirms that Microsoft can act as a “processor” of Customer data, and Aztek may act as the “controller” of any such data. 5. Customer hereby acknowledges that Aztek is not making any representations, warranties, or guarantees to Customer with respect to the Products and that Aztek is not an agent or representative of Microsoft. 6. Customer may not solicit (directly or indirectly) any of Aztek's employees, including without limitation Aztek Experts, for employment or to provide consulting services for Customer or any of its affiliates for a period of one (1) year from the end of the applicable Service Term without obtaining prior written approval from Aztek. Violation of this provision shall be deemed a material breach of this Agreement and will require the Customer to pay Aztek an amount equal to three (3) monthly salaries of such employee. 7. All Benefits granted by Aztek must be used within a limited period as specified by Aztek. Benefits cannot be carried over. Aztek reserves the right to terminate benefits at any time without notice. 8. Customer shall indemnify, defend and hold harmless Aztek from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to: (a) any Customer Data, including any claim that any Customer Data infringes the intellectual or proprietary rights of a third party, (b) any action taken (or not taken) by Customer or any user based upon use of a Licenses Product of a Service, or (c) any service or product offered by Customer in connection with or related to a Service or Licensed Product. This indemnification obligation is subject to Customer receiving (i) prompt written notice of such claim from Aztek (but in any event notice in sufficient time for Customer to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; provided however, that Aztek may participate in such proceedings at its own expense; and (iii) all reasonably necessary cooperation of Aztek at Customer’s expense. Customer shall not enter any settlement without Aztek's prior consent if the settlement stipulates that Aztek has any liability or has committed any wrongdoing or requires Aztek to make any payment that is not indemnified by Customer. 9. ALL LICENSED PRODUCTS/SERVICES ARE PROVIDED “AS IS”. AZTEK DOES NOT WARRANT THAT CUSTOMER’S USE OF THE LICENSED PRODUCTS OR SERVICES WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR THAT THE LICENSED PRODUCTS AND SERVICES WILL SUCCESSFULLY INTEROPERATE WITH ANY PRODUCT, SERVICE OR TECHNOLOGY USED BY CUSTOMER IN CONNECTION WITH SUCH LICENSED PRODUCTS OR SERVICES. AZTEK SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, DATA LOSS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AZTEK. AZTEK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RELATING TO THE CAPABILITY OF THE LICENSED PRODUCTS AND SERVICES TO SECURE CUSTOMER DATA, OR OTHERWISE RELATING TO THE LICENSED PRODUCTS, SERVICES OR CUSTOMER DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED. 10. AZTEK, MICROSOFT AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER AZTEK, MICROSOFT NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE PRODUCTS, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THE AGREEMENT OR YOUR USE OF OR ACCESS TO THE PRODUCTS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE PRODUCTS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE PRODUCTS FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THE AGREEMENT OR YOUR USE OF OR ACCESS TO THE PRODUCTS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, MICROSOFT’, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THE AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY US UNDER THE AGREEMENT DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. For further information If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Aztek: Aztek@Aztek.co.il