Always handle your device with care to maintain its appearance. To clean, wipe the outer surface with a
soft, lint-free cloth.
This symbol identies safety and health messages in this Device Guide
WARNING: Read Safety & Health Info
Read this guide for important safety and health information and the terms of the Limited Warranty
that apply to the Microsoft
reference. Failure to follow instructions and properly set up, use, and care for this product can
increase the risk of serious injury or death, or damage to the device or devices. For an online version
of this guide go to: support.microsoft.com
Warning: Do Not Attempt Repairs
Do not attempt to take apart, open, service, or modify the product, accessories, or power supply.
Doing so could present the risk of electric shock or other hazard. Any evidence of any attempt to
open and/or modify this device, including any peeling, puncturing, or removal of any of the labels,
will void the Limited Warranty.
Warning: AC Adapter Safety
Failure to take the following precautions can result in serious injury or death from electric shock or
re or in damage to the device. To select an appropriate power source for your device:
• Use only the power supply unit and AC power cord that came with your device or that you
received from an authorized Microsoft retailer.
• Do not use non-standard power sources, such as generators or inverters, even if the voltage and
frequency appear acceptable. Only use AC power provided by a standard wall outlet.
• Do not overload your wall outlet, extension cord, power strip, or other electrical receptacle.
Conrm that they are rated to handle the total current (in amps [A]) drawn by the device
(indicated on the power supply unit) and any other devices that are on the same circuit.
• On devices where the AC prongs may be folded for storage, before plugging the AC adapter into
a power outlet, make sure its prongs are fully extended.
• On devices where the AC prongs are removable and where the power supply uses a universal
2
®
device that you have purchased. Keep all printed guides for future
adapter, before plugging the AC adapter into a power outlet, make sure the prong assembly is of the
proper conguration for the power outlet and fully seated into the adapter.
Caution: Cable and cord safety
Arrange all cables and cords so that people and pets are not likely to trip over or accidentally pull
on them as they move around or walk through the area. Do not allow children to play with cables
and cords.
To avoid damaging the power cords and power supply:
• Protect the power cords from being walked on.
• Protect cords from being pinched or sharply bent, particularly where they connect to the power
outlet, the power supply unit, and the device.
• Do not jerk, knot, sharply bend, or otherwise abuse the power cords.
• Do not expose the power cords to sources of heat.
• Keep children and pets away from the power cords. Do not allow them to bite or chew on them.
• When disconnecting the power cords, pull on the plug—do not pull on the cord.
• If a power cord or power supply becomes damaged in any way, stop using it immediately.
• Unplug your device during lightning storms or when unused for long periods of time.
• For devices with an AC power cord that connects to the power supply, always connect the power
cord according to the following instructions:
1 Plug the AC power cord into the power supply until it seats fully.
2 Plug the other end of the AC power cord into the wall outlet.
Warning: Battery Safety Information
This device may contain a built-in battery, improper use of which may result in explosion. Do not
heat, open, puncture, mutilate, or dispose of the product in re. Do not leave the device in direct
sunlight for an extended period of time, which could cause melting or battery damage. The battery
in this device is not user replaceable and should only be replaced by Microsoft or a Microsoft
Authorized Service Provider. See support.microsoft.com for additional details.
• Do not disassemble or open, crush, bend or deform, puncture or shred
• Do not modify or remanufacture, attempt to insert foreign objects into the battery, immerse or
expose to water or other liquids, expose to re, explosion or other hazard.
• Only use the battery with a charging system that has been qualied with the system per CTIA
Certication Requirements for Battery System Compliance to IEEE 1725. Use of an unqualied
battery or charger may present a risk of re, explosion, leakage, or other hazard.
3
• Promptly dispose of used batteries in accordance with local regulations
• Avoid dropping the device or battery. If the device or battery is dropped, especially on a hard
surface, and the user suspects damage, take it to a service center for inspection.
• Improper battery use may result in a re, explosion or other hazard.
• This device shall only be connected to CTIA certied adapters, products that bear the USB-IF logo
or products that have completed the USB-IF compliance program.
Warning: Use Near Water
To reduce the risk of re or shock, do not use this device near water and do not expose it to rain or
moisture. Do not attempt to dry device with a hair dryer or a microwave oven.
Warning: Hearing Safety
Set the volume loud enough to hear clearly in quiet surroundings, and no louder.
Do not increase the volume after you start listening. Your ears can adapt over time so that high
volume sounds normal, but the high volume may still damage your hearing.
• Do not increase the volume to block out outside noise. The combination of outside noise and
sound from your headphones can damage your hearing. Sealed or noise-canceling headphones
can reduce outside noise so that you don’t have to turn up the volume.
If you can’t understand someone nearby speaking normally, turn down the volume. Sound
that drowns out normal speech can damage your hearing. Even with sealed or noise-canceling
headphones, you should be able to hear nearby people speak.
Minimize Your Time Listening to Loud Sound
The more time you spend exposed to loud sound, the more likely you are to damage your hearing.
The louder the sound, the less time it takes to damage hearing.
• Minimize your time listening to loud sound. At maximum volume, listening to music on the
device with headphones can permanently damage your hearing in 15 minutes.
• Even lower volumes can damage hearing if you are exposed for many hours.
• All of the sound that you are exposed to during a day adds up. If you are exposed to other loud
sound, it takes less time listening at high volumes to cause hearing damage.
• To safely use the device with no time limit, keep the volume low enough that you can carry on a
conversation with people nearby.
4
Be Aware of Hearing Loss Symptoms
Stop using this device and have your hearing checked if you experience:
• Any hearing loss.
• You hear ringing in your ears.
• Your speech sounds mufed.
• Sound seems dull or at.
It is a good idea to have your hearing checked regularly by an audiologist. For more information, see
support.microsoft.com
Warning: Be Aware of Your Surroundings
In order to reduce the potential risk of injury due to distractions while using this device, be
careful and attentive while driving, riding a bicycle, or walking. Use of the device alone or with
headphones (even if used only in one ear) while driving a vehicle or riding a bicycle is not
recommended and is illegal in some areas. Check and obey the laws and regulations on the use of
mobile devices in the areas where you drive or ride. Using a mobile device while driving or riding
may be distracting. Give full attention to driving or riding and to the road. Always keep the volume
low enough to hear people talking and sounds that might indicate danger, like re alarms.
Warning: Airbag Avoidance
For vehicles equipped with airbags, do not place the device or other objects on or near the airbags.
If an airbag deploys, objects placed on or near the airbag could cause serious personal injury or
even death.
Warning: Photosensitive Seizures
A very small percentage of people may experience a seizure when exposed to certain visual
images, including ashing lights or patterns that may appear in video games. Even people who
have no history of seizures or epilepsy may have an undiagnosed condition that can cause these
“photosensitive epileptic seizures” while watching video games. These seizures may have a variety
of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of
arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss
of consciousness or convulsions that can lead to injury from falling down or striking nearby objects.
Immediately stop playing and consult a doctor if you experience any of these symptoms. Parents
should watch for or ask their children about the above symptoms — children and teenagers are
more likely than adults to experience these seizures. The risk of photosensitive epileptic seizures may
be reduced by taking the following precautions:
5
• Sit farther from the video screen.
• Use a smaller video screen.
• Play in a well-lit room.
• Do not play when you are drowsy or fatigued.
If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before playing.
Warning: Touch-Screen Glass
Touch screens are made of glass. This glass could break if the device is dropped on a hard surface or
receives a signicant impact. To reduce the risk of cuts if the glass chips or cracks, do not touch or
attempt to remove the broken glass. Cracked or chipped glass due to misuse or abuse is not covered
under the product’s limited warranty.
Warning: Choking Hazard
This device may contain small parts which may be a choking hazard to children under 3. Keep small
parts away from children.
Warning: Follow Instructions to Avoid Interference Problems
Turn off your mobile device in any location where posted notices instruct you to do so. In an aircraft,
turn off your device whenever instructed to do so by airline staff, or prior to packing a wireless device
in luggage. This device offers an “airplane mode”. Please consult airline staff about using it in ight.
Warning: Potentially Explosive Atmospheres
Areas with potentially explosive atmospheres are often, but not always, posted and can include
fueling areas, such as below decks on boats, fuel or chemical transfer or storage facilities, or areas
where the air contains chemicals or particles, such as grain dust, or metal powders. When you are in
such an area, turn off your mobile device, and do not remove or install battery chargers, AC adapters,
or any other accessory. In such areas, sparks can occur and cause an explosion or re.
Caution: Parts of this device are magnetic
It may attract metallic materials. To reduce the potential risk of sparks, verify the electrical connection
area is free of metallic objects before interconnecting devices. In order to reduce the likelihood of
magnetic elds interfering with compass readings, disrupting the proper operation of pacemakers,
or corrupting magnetically stored data, do not place credit cards or other magnetic storage media or
magnetically sensitive devices near this device.
6
Caution: Personal Medical Devices
Radio-frequency emissions from electronic equipment can negatively affect the operation of other
electronic equipment, causing them to malfunction. Although the device is designed, tested, and
manufactured to comply with regulations governing radio frequency emission in countries such as
the United States, Canada, the European Union, and Japan, the wireless transmitters and electrical
circuits in the device may cause interference in other electronic equipment. Therefore, please take
the following precautions:
Pacemakers The Health Industry Manufacturers Association recommends that a minimum
separation of 15 cm (6 inches) be maintained between a wireless device and a pacemaker to avoid
potential interference with the pacemaker.
Persons with pacemakers:
• Should always keep the device more than 15 cm (6 inches) from the pacemaker when the wireless
device is turned on.
• Should not carry in the breast pocket.
• If you have any reason to suspect that interference is taking place, turn the device off immediately.
Other Medical Devices
If you use any other personal medical device, consult the medical device manufacturer or your
physician to determine if it is appropriate for you to use other electronic devices near your medical
device.
Caution: Health Warning
Use of electronic input devices may be linked to serious injuries or disorders. When using a computer,
as with many activities, you may experience occasional discomfort in your hands, arms, shoulders,
neck, or other parts of your body. However, if you experience symptoms such as persistent or
recurring discomfort, pain, throbbing, aching, tingling, numbness, burning sensation, or stiffness,
DO NOT IGNORE THESE WARNING SIGNS. PROMPTLY SEE A QUALIFIED HEALTH PROFESSIONAL,
even if symptoms occur when you are not working at your computer. Symptoms like these can be
associated with painful and sometimes permanently disabling injuries or disorders of the nerves,
muscles, tendons, or other parts of the body.
These musculoskeletal disorders (MSDs) include carpal tunnel syndrome, tendonitis,
and other conditions. While researchers are not yet able to answer many questions
there is general agreement that many factors may be linked to their occurrence, including: overall
health, stress and how one copes with it, medical and physical conditions, and how a person
positions and uses his or her body during work and other activities (including use
tenosynovitis,
about MSDs,
of a keyboard or
7
mouse). The amount of time a person performs an activity may also be a factor.
Some guidelines that may help you work more comfortably with your computer and possibly
reduce your risk of experiencing an MSD can be found in the “Healthy Computing Guide” available
at support.microsoft.com
Caution: Heat Related Concerns
The device may become very warm during normal use. The device complies with the user-accessible
surface temperature limits dened by the International Standard for Safety of Information
Technology Equipment (IEC 60950-1). To reduce heat related concerns, follow these guidelines:
• Set up your device on a stable work surface that allows for adequate air circulation under and
around the device.
• Use caution when operating your device on a pillow, blanket, or other soft material, because the
material can block the airow which may result in the device overheating.
• If your device is on your lap and gets uncomfortably warm, remove it from your lap and place it
on a stable work surface.
8
REGULATORY INFORMATION
Disposal of Waste Batteries and Electrical & Electronic Equipment
This symbol on the product or its batteries or its packaging means that this product and any
batteries it contains must not be disposed of with your household waste. Instead, it is your
responsibility to hand this over to an applicable collection point for the recycling of batteries
and electrical and electronic equipment. This separate collection and recycling will help to
conserve natural resources and prevent potential negative consequences for human health and the
environment due to the possible presence of hazardous substances in batteries and electrical and
electronic equipment, which could be caused by inappropriate disposal. For more information about
where to drop off your batteries and electrical and electronic waste, please contact your local city/
municipality ofce, your household waste disposal service, or the shop where you purchased this
product. Contact eRecycle@microsoft.com for additional information on WEEE and waste batteries.
Rechargeable products contain a Lithium-ion Battery.
This device is not intended for use in machinery, medical or industrial applications. Any changes or
modications not expressly approved by Microsoft could void the user’s authority to operate this
device. This product is for use with NRTL Listed (UL, CSA, ETL, etc.), and/or IEC/EN 60950-1 compliant
(CE marked) Information Technology equipment. No serviceable parts included. This device is rated as
a commercial product for operation at +32ºF (+0ºC) to +95ºF (+35ºC).
For Customers in the United States and Canada
This Class B digital apparatus complies with Part 15 of the U.S. Federal Communications Commission
(FCC) rules, Canadian ICES-003, RSS-Gen and RSS-247 as applicable. Operation is subject to the
following two conditions: (1) this device may not cause interference, and (2) this device must accept
any interference received, including interference that may cause undesired operation.
Exposure to Radio Frequency (RF) Energy
This device contains radio transmitters and has been designed, manufactured and tested to meet the
Federal Communications Commission (FCC) and Industry Canada guidelines for RF exposure and
Specific Absorption Rate.
Additional information about RF safety can be found on the FCC website at
https://www.fcc.gov/general/radio-frequency-safety-0 and the Industry Canada website at http://
www.ic.gc.ca/eic/site/smt-gst.nsf/eng/sf01904.html
9
Radio and TV Interference Regulations
The Microsoft hardware device(s) can radiate radio frequency (RF) energy. If not installed and used
in strict accordance with the instructions given in the printed documentation and/or onscreen
help les, the device may cause harmful interference with other radio-communications devices
(for example AM/FM radios, televisions, baby monitors, cordless phones, etc.). There is, however,
no guarantee that RF interference will not occur in a particular installation. To determine if your
hardware device is causing interference to other radio-communications devices, turn off and unplug
the device from any external power source. If the interference stops, it was probably caused by the
device. If this hardware device does cause interference, try the following measures to correct it:
• Relocate the antenna of the other radio-communications device (for example AM/FM Radios,
televisions, baby monitors, cordless phones, etc) until the interference stops.
• Move the hardware device farther away from the radio or TV, or move it to one side or the other
of the radio or TV.
• Plug the device into a different power outlet so that the hardware device and radio or TV are
on different circuits controlled by different circuit breakers or fuses.
• If necessary, ask your device dealer or an experienced radio-TV technician for more suggestions.
For more information about interference issues, go to the FCC Web site at: http://www.fcc.gov/
cgb/consumerfacts/interference.html. You can also call the FCC at 1-888-CALL FCC to request
Interference and Telephone Interference fact sheets.
Any changes or modifications not expressly approved by Microsoft could void the user’s
authority to operate this device.
Contact Information: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA.
United States: (800) 426-9400
Canada: (800) 933-4750
10
ENERGY STAR CERTIFIED PRODUCTS
ENERGY STAR® is a joint program of the U.S. Environmental Protection Agency and the U.S. Department
of Energy aimed at saving money and protecting the environment through energy efcient products
and practices.
By using ENERGY STAR qualied products and taking advantage of the power-management features
of the computer, you can help reduce the consumption of electricity. Reduced electrical consumption
can contribute to potential nancial savings, a cleaner environment, and the reduction of greenhouse
gas emissions.
For more information about ENERGY STAR, go to:
http://www.energystar.gov
• See the user manual for the default power and timing settings.
• To wake the Surface from Sleep Mode, press and release the power button on your Surface.
COPYRIGHT
Information and views expressed in this document, including URL and other Internet Web site
references, may change without notice.
This document does not provide you with any legal rights to any intellectual property in any Microsoft
BY USING YOUR MICROSOFT PRODUCT PURCHASED FROM MICROSOFT OR AN AUTHORIZED
RETAILER OR RESELLER (“MICROSOFT HARDWARE”), OR MICROSOFT BRANDED ACCESSORY
PURCHASED FROM MICROSOFT OR AN AUTHORIZED RETAILER OR RESELLER (“ACCESSORY”),
YOU AGREE TO THIS WARRANTY. BEFORE USING IT, PLEASE READ THIS WARRANTY
CAREFULLY. IF YOU DO NOT ACCEPT THIS WARRANTY, DO NOT USE YOUR MICROSOFT
11
HARDWARE OR ACCESSORY. RETURN IT UNUSED TO YOUR RETAILER, RESELLER, OR
MICROSOFT FOR A REFUND.
See: support.microsoft.com for more information.
If You live in the United States, Section 8 contains a binding arbitration clause and class action
waiver. It affects Your rights about how to resolve a dispute with Microsoft. Please read it.
This warranty gives You specic legal rights. You may also have other rights which vary from State to
State or Province to Province.
1. Warranty
(a) For 1 year from the date You purchased Your Microsoft Hardware or Accessory from Microsoft
or an authorized retailer or reseller (“Warranty Period”), Microsoft warrants, only to You, that the
Microsoft Hardware or Accessory will not malfunction due to a defect in materials or workmanship
under Normal Use Conditions.
(b) This is the only warranty Microsoft gives for Your Microsoft Hardware or Accessory. Microsoft gives
no other guarantee, warranty, or condition. No one else may give any guarantee, warranty, or
condition on Microsoft’s behalf.
(c) IF YOUR STATE’S OR PROVINCE’S LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS
DURATION IS LIMITED TO THE WARRANTY PERIOD. Some States or Provinces do not allow
limitations on how long an implied warranty lasts, so this limitation may not apply to You.
(d) Other Denitions. “You” means the original end-user. “Normal Use Conditions” means ordinary
consumer use under normal conditions according to the instruction manual. “State” means a State,
the District of Columbia, and any other United States territory or possession. “The United States of
America” includes all of them.
2. How to Get Warranty Service
(a) Before starting the warranty process, please use the troubleshooting tips at support.
microsoft.com .
(b) If the troubleshooting tips do not resolve Your problem, then follow the online process at support.
microsoft.com.
(c) Back up Your Hard Drive and Delete Condential Information. Before sending Your Microsoft
Hardware or Accessory to Microsoft or taking it to an authorized retailer or reseller for service, be
sure to:
(I) BACK UP YOUR HARD DISK DRIVE AND KEEP A COPY OF ANY DATA (INCLUDING
PHOTOGRAPHS, DOCUMENTS, VIDEO, MUSIC, ETC.) OR PROGRAMS YOU WANT TO
SAVE. MICROSOFT, RETAILERS, OR RESELLERS ARE NOT RESPONSIBLE FOR YOUR DATA OR
PROGRAMS AND MAY ERASE THEM.
12
(II) DELETE ANYTHING YOU CONSIDER CONFIDENTIAL. MICROSOFT, RETAILERS, OR RESELLERS
ARE NOT RESPONSIBLE FOR YOUR PRIVACY IF YOU LEAVE CONFIDENTIAL INFORMATION
ON YOUR DEVICE.
For more information, please see: support.microsoft.com.
3. Microsoft’s Responsibility
(a) After You return Your Microsoft Hardware or Accessory to Microsoft or an authorized retailer or
reseller, Microsoft or the retailer or reseller will inspect it.
(b) If Microsoft or the retailer or reseller determines that the Microsoft Hardware or Accessory
malfunctioned due to a defect in materials or workmanship during the Warranty Period under
Normal Use Conditions, Microsoft or the retailer or reseller will (at its option) repair or replace it, or
refund the purchase price to You. Repair may use new or refurbished parts. Replacement may be
with a new or refurbished unit.
(c) After repair or replacement, Your Microsoft Hardware or Accessory will be covered by this
warranty for the longer of the remainder of Your original Warranty Period, or 90 days after
Microsoft or the retailer or reseller ships it to You.
(d) MICROSOFT’S RESPONSIBILITY TO REPAIR OR REPLACE YOUR MICROSOFT HARDWARE OR
ACCESSORY, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY.
(e) If Your Microsoft Hardware or Accessory malfunctions after the Warranty Period expires, there is
no warranty of any kind. After the Warranty Period expires, Microsoft may charge You a fee for its
efforts to diagnose and service any problems.
4. Warranty Exclusions
(a) Microsoft is not responsible and this warranty does not apply if Your Microsoft Hardware or
Accessory is:
(i) damaged by use with products not sold or licensed by Microsoft;
(ii) opened, modied, or tampered with (including, for example, any attempt to defeat or
circumvent any Microsoft technical limitation or security mechanism, etc.), or its serial number
is altered or removed;
(iii) damaged by any external cause (including, for example, by being dropped, exposed to
liquid, used with inadequate ventilation, etc., or failure to follow instructions in the instruction
manual);
(iv) scratched, dented, etc. or shows other cosmetic damage; or
(v) repaired by anyone other than Microsoft or an authorized retailer or reseller.
(b) Microsoft is not responsible and this warranty does not apply if Your Microsoft Hardware is used
with an operating system other than the Windows operating system preinstalled in Your Microsoft
Hardware, or any contemporaneous or later version of that operating system.
13
(c) This warranty also does not apply to consumable parts that are designed to diminish over time
unless the failure has occurred due to a defect in materials or workmanship.
(d) Microsoft does not guarantee that Your use of the Microsoft Hardware or Accessory will be
uninterrupted, timely, secure, or error-free, or that data loss will not occur.
5. EXCLUSION OF CERTAIN DAMAGES
MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE
YOUR MICROSOFT HARDWARE OR ACCESSORY. THESE EXCLUSIONS APPLY EVEN IF MICROSOFT HAS
BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. Some States or Provinces do not allow the exclusion or limitation of incidental or
consequential damages, so this limitation or exclusion may not apply to You.
6. Additional Terms
If You attempt to defeat or circumvent any Microsoft Hardware or Accessory technical limitation or
security system, You may cause Your Microsoft Hardware or Accessory to stop working permanently. You
will also void Your warranty, and make Your Microsoft Hardware or Accessory ineligible for authorized
repair, even for a fee.
7. Choice of Law
The laws of the State or Province where You live govern the interpretation of this warranty, any claim
that Microsoft has breached it, and all other claims (including consumer protection, unfair competition,
implied warranty, and tort claims), regardless of conict of law principles.
8. Binding Arbitration and Class Action Waiver for U.S. Residents
(a) Application. This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE
RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR EITHER OF
OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or
other controversy between You and Microsoft concerning the Microsoft Hardware or Accessory
(including its price) or this warranty, whether in contract, warranty, tort, statute,
regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest
possible meaning allowable under law.
(b) Notice of Dispute. In the event of a dispute, You or Microsoft must give the other a Notice of
Dispute, which is a written statement that sets forth the name, address and contact information
of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send
any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form is available at
14
http://go.microsoft.com/fwlink/?linkid=245499. Microsoft will send any Notice of Dispute to You
by U.S. Mail to Your address if we have it, or otherwise to Your e-mail address. You and Microsoft
will attempt to resolve any dispute through informal negotiation within 60 days from the date the
Notice of Dispute is sent. After 60 days, You or Microsoft may commence arbitration.
(c) Small Claims Cour t. You may also litigate any dispute in small claims court in Your county of
residence or King County, Washington, if the dispute meets all requirements to be heard in the
small claims court. You may litigate in small claims court whether or not You negotiated informally
rst.
(d) Binding Arbitration. If You and Microsoft do not resolve any dispute by informal negotiation
or in small claims court, any other effort to resolve the dispute will be conducted
exclusively by binding arbitration. You are giving up the right to litigate (or participate in
as a party or class member) all disputes in court before a judge or jury. Instead, all disputes
will be resolved before a neutral arbitrator, whose decision will be nal except for a limited right of
appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce
the arbitrator’s award.
(e) Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be
conducted solely on an individual basis. Neither You nor Microsoft will seek to have any
dispute heard as a class action, private attorney general action, or in any other proceeding
in which either party acts or proposes to act in a representative capacity. No arbitration or
proceeding will be combined with another without the prior written consent of all parties
to all affected arbitrations or proceedings.
(f) Arbitration Procedure. Any arbitration will be conducted by the American Arbitration Association
(the “AAA”) under its Commercial Arbitration Rules. If You are an individual and use the Microsoft
Hardware or Accessories for personal or household use, or if the value of the dispute is $75,000 or
less whether or not You are an individual or how You use the Microsoft Hardware or Accessories, its
Supplementary Procedures for Consumer-Related Disputes will also apply. For more information,
see www.adr.org or call 1-800-778-7879. To commence arbitration, submit the form available at
http://go.microsoft.com/fwlink/?linkid=245497 to the AAA. You agree to commence arbitration
only in Your county of residence or in King County, Washington. Microsoft agrees to commence
arbitration only in Your county of residence. You may request a telephonic or in-person hearing
by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic
unless the arbitrator nds good cause to hold an in-person hearing instead. The arbitrator
may award the same damages to You individually as a court could. The arbitrator may award
declaratory or injunctive relief only to You individually, and only to the extent required to satisfy
Your individual claim.
15
(g) Arbitration Fees and Incentives.
1. Disputes Involving $75,000 or Less. Microsoft will promptly reimburse Your ling fees and pay
the AAA’s and arbitrator’s fees and expenses. If You reject Microsoft’s last written settlement
offer made before the arbitrator was appointed (“Microsoft’s last written offer”), Your dispute
goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards You
more than Microsoft’s last written offer, Microsoft will give You three incentives: (i) pay the
greater of the award or $5,000; (ii) pay twice Your reasonable attorney’s fees, if any; and (iii)
reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably
accrues for investigating, preparing, and pursuing Your claim in arbitration. The arbitrator will
determine the amount of fees, costs, and expenses unless You and Microsoft agree on them.
2. Disputes Involving More Than $75,000. The AAA rules will govern payment of ling fees and
the AAA’s and arbitrator’s fees and expenses.
3. Disputes Involving Any Amount. In any arbitration You commence, Microsoft will seek its
AAA or arbitrator’s fees and expenses, or Your ling fees it reimbursed, only if the arbitrator
nds the arbitration frivolous or brought for an improper purpose. In any arbitration
Microsoft commences, Microsoft will pay all ling, AAA, and arbitrator’s fees and expenses.
Microsoft will not seek its attorney’s fees or expenses from You in any arbitration. Fees and
expenses are not counted in determining how much a dispute involves.
(h) Conict with AAA Rules. This warranty governs to the extent it conicts with AAA’s Commercial
Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
(i) Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or
dispute under this warranty must be led within one year in small claims court (Section 8(c)), an
arbitration proceeding (Section 8(d)), or in court, if Section 8 permits the dispute to be led in
court instead of arbitration. The one-year period begins when the claim or Notice of Dispute rst
could be led. If a claim or dispute is not led within one year, it is permanently barred.
(j) Severability. If the class action waiver in Section 8(e) is found to be illegal or unenforceable as to all
or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed
and proceed in a court of law, with the remaining parts proceeding in arbitration.
If any other provision of Section 8 is found to be illegal or unenforceable, that provision will be
severed with the remainder of this Section 8 remaining in full force and effect.
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