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Microsoft, its agents, affiliates and suppliers do not provide any warranties regarding any other services
provided under this Limited Warranty and disclaim all duties (if any) of workmanlike effort or of lack of
negligence regarding such services.
C. NO OTHER WARRANTIES. The express warranty stated above is the only express warranty made to You
and is provided in lieu of all other express or implied warranties and conditions (if any) including any
created by any other documentation or packaging. No other warranties or conditions are made with
respect to the Hardware Device or the warranty services by any person, including but not limited to
Microsoft, its agents, affiliates and suppliers. No information (oral or written) or suggestions given by
Microsoft, its agents or suppliers or its or their employees, shall create a warranty or condition or expand
the scope of this Limited Warranty. Also, there is no warranty or condition of title, quiet enjoyment, or
noninfringement in the Hardware Device. You may have greater rights existing under legislation in your
jurisdiction.
D. EXCLUSION OF OTHER DAMAGES.
TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT AND ITS AGENTS, AFFILIATES AND SUPPLIERS ARE
NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART
OF THE HARDWARE DEVICE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT
NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE
HARDWARE DEVICE. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY AGENT, AFFILIATE OR
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND EVEN IN THE
EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY,
MISREPRESENTATION OR OTHER REASON.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusions may not apply to You.
E. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and Microsoft, its agents,
affiliates and suppliers have no liability under this Limited Warranty if the Hardware Device:
- is used for commercial purposes (including rental or lease);
- is modified or tampered with;
- is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear,
mishandling, misapplication, or other causes unrelated to defects in the Hardware Device;
- is damaged by programs, data, viruses, or files, or during shipments;
- is not used in accordance with the accompanying documentation and use instructions; or
- is repaired, modified or altered by other than a Microsoft authorized repair center and the
unauthorized center causes or contributes to any defect or damage.
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