User Manual

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(d) MICROSOFT’S RESPONSIBILITY TO REPAIR OR REPLACE YOUR MICROSOFT HARDWARE OR
ACCESSORY, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY.
(e) If Your Microsoft Hardware or Accessory malfunctions after the Warranty Period expires, there
is no warranty of any kind. After the Warranty Period expires, Microsoft may charge You a fee
for its efforts to diagnose and service any problems.
4. Warranty Exclusions
(a) Microsoft is not responsible and this warranty does not apply if Your Microsoft Hardware or
Accessory is:
(i) damaged by use with products not sold or licensed by Microsoft;
(ii) opened, modied, or tampered with (including, for example, any attempt to defeat or
circumvent any Microsoft technical limitation or security mechanism, etc.), or its serial
number is altered or removed;
(iii) damaged by any external cause (including, for example, by being dropped, exposed
to liquid, used with inadequate ventilation, etc., or failure to follow instructions in the
instruction manual);
(iv) scratched, dented, etc. or shows other cosmetic damage; or
(v) repaired by anyone other than Microsoft or an authorized retailer or reseller.
(b) Microsoft is not responsible and this warranty does not apply if Your Microsoft Hardware is
used with an operating system other than the Windows operating system preinstalled in Your
Microsoft Hardware, or any contemporaneous or later version of that operating system.
(c) This warranty also does not apply to consumable parts that are designed to diminish over
time unless the failure has occurred due to a defect in materials or workmanship.
(d) Microsoft does not guarantee that Your use of the Microsoft Hardware or Accessory will be
uninterrupted, timely, secure, or error-free, or that data loss will not occur.
5. EXCLUSION OF CERTAIN DAMAGES
MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR
ANY INABILITY TO USE YOUR MICROSOFT HARDWARE OR ACCESSORY. THESE EXCLUSIONS
APPLY EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND
EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some States or Provinces do not allow
the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion
may not apply to You.
6. Additional Terms
If You attempt to defeat or circumvent any Microsoft Hardware or Accessory technical limitation
or security system, You may cause Your Microsoft Hardware or Accessory to stop working
permanently. You will also void Your warranty, and make Your Microsoft Hardware or Accessory
ineligible for authorized repair, even for a fee.
7. Choice of Law
The laws of the State or Province where You live govern the interpretation of this warranty, any
claim that Microsoft has breached it, and all other claims (including consumer protection, unfair
competition, implied warranty, and tort claims), regardless of conict of law principles.
8. Binding Arbitration and Class Action Waiver for U.S. Residents
(a) Application. This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE
RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR EITHER
OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute,
action, or other controversy between You and Microsoft concerning the Microsoft Hardware
or Accessory (including its price) or this warranty, whether in contract, warranty, tort, statute,
regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the
broadest possible meaning allowable under law.
(b) Notice of Dispute. In the event of a dispute, You or Microsoft must give the other a Notice
of Dispute, which is a written statement that sets forth the name, address and contact
information of the party giving it, the facts giving rise to the dispute, and the relief requested.
You must send any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA
ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form is available
at http://go.microsoft.com/fwlink/?linkid=245499. Microsoft will send any Notice of Dispute
to You by U.S. Mail to Your address if we have it, or otherwise to Your e-mail address. You and
Microsoft will attempt to resolve any dispute through informal negotiation within 60 days
from the date the Notice of Dispute is sent. After 60 days, You or Microsoft may commence
arbitration.