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(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR REL ATING 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 COVER AGE. This Limited Warranty shall not apply and Microsof t has no liabilit y under this Limited
Warranty if th e SOFTWARE o r Hardware Device:
- is used for commercial purposes (including rental or lease) or purposes beyond the scope of the SOFT WARE license;
- is modied or tampered with;
- is damaged by Ac ts of God, powe r surge, misus e, abuse, neg ligence, accident, wear an d tear, mishandling, misapplic ation,
or other causes unrelated to defects in the Hardware Device or the SOFTWARE;
- is damaged by programs, data, viruses, or les, or during shipments or transmissions;
- is not used in accordance with the accompanying documentation and use instructions; or
- is repaired, modied or altered by other than a Microsoft authorized repair center and the unauthorized center causes or
contributes to any defect or damage.
This Limite d Warranty doe s not include any war ranty regarding lega l rights or abilit ies, such as any war ranty re garding title ,
quiet enjoym ent or lack of infri ngement.
E. REGISTR ATION. You need not re gister Your acquis ition of the SOF TWARE and Hard ware Device for the Limited Warranty
to be effec tive.
F. BENEFICIARY. To the extent allowed by applicable law, the Limited Warranty is only made to You, the rst licensed user
of the SOFTWARE or purchaser of the Hardware Device, and there are no third party beneciaries of the Limited Warranty.
Except as required by law, this Limited Warrant y is not intended for and does not apply to anyone else, including anyone to
whom You make any transf er as authori zed in the Agree ment.
G. FURTHER INFORMATION. Microsoft is the warrantor under this Limited Warranty. To receive instructions for obtaining
perfor mance of this Limi ted Warrant y You must either cont act the Micro soft subsi diary ser ving Your country, or write to:
Microsof t Sales Information Center, One Microsoft Way, Redmond, WA 98052-6399, USA, or visit Microsof t on the World
Wide Web at http: //www.microsoft.c om.
You must also:
1. Submit proof of payment in the form of a bona de, dated receipt, or invoice (or a copy) evidencing that You are the
beneciary of this Limited Warranty and that Your request for a remedy is made within the Warranty Period;
2. Follow Micros oft’s ship ping and other in structi ons if it determ ines that all or par t of Your Hardware Device or SOFT WARE
requires r eturn. To obtain the L imited Warrant y perf ormance, You must take or deliver th e item in either it s original
packaging or packaging that provides an equal degree of protection to the location specied by Microsoft. Except as
otherw ise require d by legislati on in Your jurisdicti on, costs as sociated with transpor t (includi ng packaging) for warrant y
service shall be at Your expense.
3. Delete or remove any les or data You consider private or condential prior to sending the item to Microsoft.
Failure to follow the above instruc tions may result in delays, cau se You to incur additional charges, or may void Your warranty.
This Limited Warranty gives You specic legal rights and You may also have other rights which vary from jurisdiction to
jurisdic tion. Where any term of this Limited Warranty is pr ohibited by su ch laws, it shall b e null and void, but the remainder
of the Limited Warranty shall r emain in full forc e and effec t if its allocation of risks is n ot materiall y disturbe d.