Product Warranty

implied warranty or condition lasts, so the foregoing limitation may not apply to You.

B. EXCLUSIVE REMEDY.

evice 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 ﬁ 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 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 or the Software; is damaged by programs, data,

viruses, or ﬁ les, or during shipments or transmissions; is not used in accordance with the accompanying

documentation and use instructions; or is repaired, modiﬁed or altered by other than a Microsoft