/Docs/G/Microsoft-DUA-OAI/Sec/Rep/0.md
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Ti = Representation and Warranties; Disclaimer
1.sec = {_Data_Provider} and {_Data_User} each represent and warrant that it will perform its activities in this {_Agreement} in compliance with applicable laws, including data protection and privacy laws.
Comment: This clause gives each party assurance that the other party will be responsible for its compliance with the laws relevant to its obligations under the Agreement. For agreements subject to GDPR, the Agreement may include a provision stating that each party is an independent data controller to further clarify that each party is independently responsible for compliance. =
2.sec = {_Data_Provider} represents and warrants that it is not aware of any contractual or other restrictions on the {_Training_Data} that would limit {_Data_User}’s {_Training} of the {_AI_Model} or use and distribution of the {_Trained_Model} as contemplated in this {_Agreement}. {_Data_Provider} makes no representations or warranties in this {_Agreement} with respect to {_Data_User}’s rights to use and distribute the underlying {_AI_Model}.
Comment: This clause is designed to give assurance to the Data User that the Data Provider is not aware of any restrictions outside of this Agreement on the intended use of the Training Data. However, because the Data Provider is not necessarily the source of the AI Model, this clause also clarifies that the Data Provider’s representations and warranties do not extend to the AI Model itself. Instead, the Data User is responsible for ensuring it has the rights it needs with respect to the AI Model, which is the subject of the next representation and warranty. =
3.sec = {_Data_User} represents and warrants that it has sufficient rights with respect to the {_AI_Model} to {_Train} the {_AI_Model} and distribute the {_Trained_Model} as required by this {_Agreement}.
4.sec = {_Data_Provider} makes no representations or warranties as to the accuracy or completeness of the {_Training_Data} and specifically disclaims any warranties of merchantibility or fitness for a particular purpose with respect to the {_Training_Data}. Except as set forth in this Section {Rep.Xnum} or in Attachment {Annex.ProjectDetails.Xnum}, the {_Training_Data} is provided to {_Data_User} “as-is” and with all faults and defects.
Comment: Any representations pertaining to the quality or other attributes of the data should be set out in Attachment A. The default is that the Data User uses the Training Data at its own risk. =
= [G/Z/ol-a/s4]