This Amendment (“Amendment”) is incorporated into the Standard Contract for Azure Marketplace (the “Agreement”) between you and Stack Exchange, Inc. (“Publisher”). If there is a conflict with the Amendment and the Agreement, the Amendment will control. Terms not defined herein will have the meanings given in the Agreement. 1. Seats. “Seat(s)” means an End User account for the Offerings. Each End User accessing the Offerings will have a Seat and be identified by a unique username and password. You may deactivate any End User who is no longer accessing the Offerings. All Seats, whether or not associated with a login credential, count toward the minimum seat quantity unless the Seat’s content attribution is removed from the service. Only when a Seat’s content attribution is removed may it be deactivated for purposes of determining the number of Seats counted. 2. Renewal; Taxes. Except as provided for in an Order, each Order shall automatically renew for additional subscription terms of the same length as the previous subscription term for the applicable Order (“Renewal Term”). Fees for any Renewal Terms will be invoiced upon the expiration of the applicable subscription term based on the then current number of Seats, unless the Order is terminated in accordance with the Order and Agreement. Except for any taxes due in connection with Publisher’s income derived from the Agreement, you will bear responsibility for all taxes due in connection herewith. 3. Usage Analysis. You agree that Publisher may create and derive anonymized and/or aggregated data regarding your use of the Offerings to provide support, to improve Publisher’s products and services, and for the provision, use, and performance of the Offerings. 4. Liability. Notwithstanding anything to the contrary in the Agreement, neither party’s aggregate liability for any third-party claims based on its obligations under Section 3 (Confidentiality) or Section 7 (Defense of Third-Party Claims), shall exceed the lesser of three times fees paid or payable to Publisher by you in the twelve-month period immediately preceding the date of the claim or five hundred thousand dollars ($500,000). 5. Governing Law. Notwithstanding anything to the contrary in the Agreement, the (i) Agreement and the relationship between Publisher and you are governed by the laws of the state of New York without regard to its conflict of law provisions and (ii) each party hereby consents to personal jurisdiction in any action brought in federal or state court in New York County, New York. 6. Force Majeure. Neither party will be liable for any delay or failure to perform under the Agreement (other than with respect to payment obligations) to the extent such delay or failure is a result of an act of God, war, earthquake, civil disobedience, court order, labor dispute, pandemic or other cause beyond such party’s reasonable control. 7. Publicity. Notwithstanding anything to the contrary in the Agreement, you agree that Publisher may identify you as a user of the Offerings on Publisher’s website or any third-party website where Publisher or its designated agents may promote the Offerings, in its business deals, press releases, marketing materials, advertising, newsletters, mailings, tradeshows, or other promotional materials. You hereby grant Publisher and its agents an irrevocable, perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license (with right to sublicense) to use, reproduce, publish, and display your name, trademarks, service marks, designs, logos, and symbols (collectively, “Marks”) in connection with such purpose and in accordance with your written guidelines provided to Publisher. Upon your successful implementation of the Offerings, you agree to participate in a Publisher case study, provide references, and provide quotes for marketing purposes. All such participation and content will be pre-approved by you, which consent shall not be unreasonably withheld.