User Manual
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or condition or expand the scope of this Limited Warranty. The “Governing Law; Exclusive Forum” provision of Part 2 of the
Agreement applies to this Limited Warranty and is incorporated herein by this reference.
2. Limitation on Duration of Implied Warranties. If You are a consumer, You may also have an implied warranty and/or
condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some
jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not
apply to You.
B. EXCLUSIVE REMEDY. Subject to applicable law and the following, and provided that You return the SOFTWARE and
Hardware Device to Your place of acquisition (or, if that place will not accept the return, to Microsoft) with a copy of Your
receipt or other bona de proof of payment during the Warranty Period, Microsoft will, at its option and as Your exclusive
remedy for breach of this Limited Warranty and any implied warranties:
repair or replace all or part of the defective SOFTWARE or the defective Hardware Device; or
make payment to You for the allowable damages that You incurred in reasonable reliance, but only up to the amount You
paid (if any) for the SOFTWARE and/or the Hardware Device less reasonable depreciation based on actual use.
The above remedy is subject to the following:
Any repaired or replaced SOFTWARE or Hardware Device will be new or refurbished or serviceably used, comparable in
function and performance to the original Hardware Device (or SOFTWARE), and may include third party items;
Any SOFTWARE or Hardware Device repaired or replaced under this Limited Warranty will be warranted for the remainder
of the original Warranty Period or 30 days from the date of shipment of the item back to You, whichever is longer. If an
upgrade to SOFTWARE is delivered with a new limited warranty, then the terms of that new limited warranty will apply only
to the SOFTWARE as upgraded, but will not apply to the original Hardware Device;
Except as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for
warranty service shall be at Your expense; and
Microsoft does not provide any warranties regarding any other services provided under this Limited Warranty and disclaims
all duties (if any) of workmanlike effort or of lack of negligence regarding such services.
C. EXCLUSION OF OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT AND ITS SUPPLIERS, AFFILIATES
AND AGENTS 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 OR SOFTWARE,
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 SOFTWARE OR
HARDWARE DEVICE. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER, AFFILIATE OR AGENT 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 many not apply to You.
D. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and Microsoft has no liability under this Limited
Warranty if the SOFTWARE or Hardware Device:
- is used for commercial purposes (including rental or lease) or purposes beyond the scope of the SOFTWARE license;
- is modied or tampered with;
X121691203mnl.indb 10 6/6/2007 8:46:03 AM