and is provid ed in lieu of all othe r express or implied war ranties and co nditions (exc ept for any non- disclaim able implie d
warrantie s that exist), in cluding any cre ated by any othe r document ation or pack aging. No info rmation or su ggestio ns (oral
or in a record) gi ven by Microsoft, its agents, af liates or suppliers or it s or their empl oyees or age nts, shall cr eate a warran ty
or condition or expand the sc ope of this Limi ted Warrant y. The “Governin g Law; Excl usive Foru m” provision of Pa rt 2 of the
Agreeme nt applies to thi s Limited Warr anty and is inc orporat ed herein by th is refere nce.
2. Limitation on Duration of Im plied Warra nties. If You are a cons umer, You may also have an impl ied warran ty and/or
condition un der the laws of so me jurisdi ctions , which is hereby limited to the duration of the Warr anty Peri od. Some
jurisdic tions do not all ow limitati ons on how long an im plied warr anty or con dition last s, so the for egoing limi tation may no t
apply to You.
B. EXCLUSIVE REME DY. Subject to applic able law and th e following , and provid ed that You return th e SOFTWAR E and
Hardware D evice to Your place of ac quisition (or, if that pl ace will not acc ept the retu rn, to Micros oft) with a copy of Your
receipt or other bona de pr oof of payme nt during the Warr anty Peri od, Micros oft will, at it s option and as Your exclusive
remedy fo r breach of this Li mited Warran ty and any impl ied warran ties:
repair or replace all or par t of the defec tive SOFT WARE or the defe ctive Har dware Devi ce; or
make payment to You for th e allowable da mages that You incu rred in reasonable re liance, but o nly up to the amoun t You
paid (if any) for th e SOFTWAR E and/or the Hard ware Devic e less reas onable dep reciatio n based on ac tual use.
The above rem edy is subje ct to the follo wing:
Any repaired or replac ed SOFT WARE or Hardwar e Device will be new or refur bished or se rvice ably used , comparab le in
functio n and perf ormance to th e original Har dware Dev ice (or SOFT WARE), and may incl ude third par ty items;
Any SOFT WARE or Hardwar e Device re paired or re placed und er this Limite d Warrant y will be warran ted for the rem ainder
of the original Warranty Per iod or 30 days fr om the date of shipment of the item ba ck to You, whichever i s longer. If an
upgrade to SOF TWARE is delivered with a ne w limited war ranty, then th e terms of that ne w limited war ranty will ap ply only
to the SOFT WARE as upgrad ed, but will no t apply to the ori ginal Hardwa re Device;
Except as oth erwis e require d by legislati on in Your jurisdic tion, costs associated with tran sport ( including p ackaging) fo r
warrant y service shall be at Your expe nse; and
Microsof t does not pr ovide any warr anties reg arding any oth er serv ices provided under th is Limited Warr anty and di sclaims
all duties (if any) of workmanl ike effor t or of lack of negli gence reg arding such se rvice s.
C. EXCLUSION OF OTH ER DAMAGES. TO THE FULL E XTENT AL LOWED BY LAW, MICROSOFT AND ITS SUPPLIERS , AFFILIATES
AND AGENTS ARE NOT LIA BLE FOR ANY:
(i) CONSEQUEN TIAL OR INCIDENTAL DAMAG ES;
(ii) DAMAGES OR LOS S OF ANY NATURE WHATSOEV ER RELATING TO LOST PROFIT S, BUSINESS IN TERRUPTIO N, LOSS OF
DATA OR PRIVACY OR CONFIDENTIALIT Y, ANY INABILIT Y TO USE ALL OR PART OF THE HARDWARE D EVICE OR SOF TWARE,
PERSONAL INJ URY, OR ANY FAILURE TO MEET ANY DUT Y (INCLUDING BUT NOT LIMITED TO ANY DUT Y OF NEGLIGENCE ,
GOOD FAITH OR OF WORK MANLIKE EFFO RT); OR
(iii) INDIR ECT, SPECIAL, OR PUNITIVE DAMAGES AR ISING OUT OF OR REL ATING IN ANY WAY TO THE SOFTWARE OR
HARDWARE DEV ICE. THE FOREGO ING APPLIES EVEN IF MICROSOF T OR ANY SUPPLIER , AFFILIATE OR AGENT HAS BEEN
ADVISED OF THE POSS IBILITY OF SUCH LOSSES OR DAMAGES; AN D EVEN IN THE EVEN T OF FAULT, TORT (INCLUDING
NEGLIGENCE ), STRICT OR PRO DUCT LIAB ILITY, MISREPRE SENTATION OR OTHER REASO N.
Some juris dictions d o not allow the exclu sion or limit ation of incide ntal or cons equential damages , so the above limi tation
or exclusion s many not apply to You.