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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
Agreeme nt applies to this L imited Warran ty and is incorporated herein by this re ference .
2. Limitatio n on Duration of Imp lied Warrant ies. If You are a consum er, You may also have an implied warranty and/or
condition un der the laws of some jurisdic tions, which is hereby limited to the duration of the Warrant y Period. So me
jurisdic tions do not allo w limitatio ns on how long an impl ied warranty or conditi on lasts , so the forego ing limitation may not
apply to You.
B. EXCLUSIVE REM EDY. Subject to applic able law and the following, an d provide d that You return the SO FTWARE an d
Hardware D evice to Your place of acq uisition (or, if that pla ce will not accep t the return , to Microsof t) with a copy of Your
receipt or other bona de proof of payment during the Warranty Period, Microsof t will, at its option and as Your exclusive
remedy fo r breach of this Lim ited Warrant y and any implie d warrantie s:
repair or replace all or part of the defective SOFT WARE or the defective Hardware Device; or
make payment to You for th e allowable dam ages that You incurred in reaso nable relia nce, but only up to th e amount You
paid (if any) for th e SOFTWAR E and/or the Hardw are Device le ss reason able depreciation bas ed on actua l use.
The above rem edy is subjec t to the followi ng:
Any repaire d or replace d SOFTWARE or Hardwar e Device will be n ew or refurb ished or ser viceably used, compa rable in
function and performance to the original Hardware Device (or SOFTWARE), and may include third party items;
Any SOFT WARE or Hardwar e Device rep aired or rep laced unde r this Limited War ranty will b e warranted for the remain der
of the original War ranty Per iod or 30 days fro m the date of shipme nt of the item back to You, whi chever is longer. If an
upgrade to SOF TWARE is de livered wi th a new limited war ranty, then th e terms of that ne w limited warr anty 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
Microsof t does not pro vide any warra nties rega rding any other s ervic es provide d under this Limited Warrant y and disclai ms
all duties (if any) of workmanli ke effor t or of lack of neglig ence regar ding such ser vices.
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 CONFIDENTIALIT Y, ANY INABILIT Y TO USE ALL OR PART OF THE HARDWAR E DEVICE OR SOF TWARE,
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 incident al 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 Microsoft has no liability under this Limited
Warranty if th e SOFTWAR E or Hardware D evice:
- is used for commercial purposes (including rental or lease) or purposes beyond the scope of the SOFTWARE license;
- is modied or tampered with;