Limited Warranty
PLEASE READ THIS MANUFACTURER’S GUARANTEE CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS
MANUFACTURER’S GUARANTEE AND LIMITATION OF LIABILITY
NOTE: The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have.
The term “Hardware Device” means the enclosed Microsoft Hardware Device. This Manufacturer’s Guarantee does not cover your data, or any separate software, whether or not packaged or included with the Hardware Device.
MICROSOFT GUARANTEE. Microsoft guarantees (this “Guarantee”) that on the day you receive the Hardware Device and for the next two (2) years thereafter (a) the Hardware Device will be substantially free from defects in materials and workmanship, and (b) any support services provided by Microsoft will be substantially as described in applicable written materials provided to you by Microsoft, and Microsoft support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Hardware Device fails to comply with this Guarantee, Microsoft shall either, at Microsoft’s option, (a) repair or replace the Hardware Device or (b) return the price you paid for the Hardware Device (if any), provided that you return the Hardware Device to Microsoft with a copy of your receipt of purchase. You may exercise this remedy without charge, except that you are responsible for any expenses you may incur. This Guarantee is void if failure of the Hardware Device results from any accident, abuse or misapplication. Any replacement Hardware Device shall be guaranteed for the remainder of the original Guarantee period or thirty (30) days, whichever is longer. Microsoft shall not be liable for any loss or damage that you could have reasonably avoided, for example, by backing up your software and files regularly.
EXCLUSION OF ALL OTHER TERMS. YOU AGREE THAT THIS GUARANTEE IS YOUR SOLE GUARANTEE IN RELATION TO THE HARDWARE DEVICE AND ANY SUPPORT SERVICES. MICROSOFT AND ITS SUPPLIERS MAKE NO OTHER GUARANTEES OR WARRANTIES WITH RESPECT TO THE HARDWARE DEVICE, THE SUPPORT SERVICES AND ANY PRODUCT MANUAL(S) OR OTHER WRITTEN MATERIALS THAT ACCOMPANY THE HARDWARE DEVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO THIS GUARANTEE, MICROSOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COLLATERALLY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF NEGLIGENCE, LACK OF WORKMANLIKE EFFORT, TITLE, AUTHORITY, OR NONINFRINGEMENT WITH RESPECT TO THE HARDWARE DEVICE, THE SUPPORT SERVICES AND THE PRODUCT MANUAL(S) OR OTHER WRITTEN MATERIALS THAT ACCOMPANY THE HARDWARE DEVICE. ANY IMPLIED WARRANTIES THAT ARE NOT DEEMED EXCLUDED ARE LIMITED TO THE ORIGINAL GUARANTEE PERIOD OR TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW, WHICHEVER IS GREATER.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS PROVIDED IN THIS GUARANTEE, MICROSOFT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, FOR PERSONAL INJURY OR FOR FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH OR REASONABLE CARE, OR FOR NEGLIGENCE) ARISING OUT OF THE USE OR INABILITY TO USE THE HARDWARE DEVICE, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE MICROSOFT’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE HARDWARE DEVICE. THESE LIMITATIONS DO NOT APPLY TO ANY LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
REGISTRATION. You need not return the registration card for this Guarantee to be effective.
BENEFICIARY. To the extent allowed by applicable law, this Guarantee is only made to you, the first user of the Hardware Device, and there are no third party beneficiaries of this Guarantee. It is not intended for and does not apply to anyone else (except as required by law).
GOVERNING LAW. If you acquired the Hardware Device in the United States of America, the laws of the State of Washington, U.S.A., apply to this agreement. If you acquired this Hardware Device in the European Union, Iceland, Norway or Switzerland then local laws apply. If you acquired this product in Canada, except where expressly prohibited by local laws, the laws in force in the Province of Ontario, Canada apply to this agreement and each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If you acquired this Hardware Device outside of the countries listed above, then local laws may apply.
QUESTIONS. Should you have any questions concerning this agreement, or if you desire to contact Microsoft for any reason, please use the address information enclosed in this Hardware Device to contact the Microsoft subsidiary serving your country, or visit Microsoft on the World Wide Web at http://www.microsoft.com.
