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“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