LIMITED WARRANTY
A. WARRANTIES.
Express Warranty. Subject to the terms and conditions of this Limited Warranty, Microsoft warrants that under normal use and service on the day You receive and for the next 90 days for the SOFTWARE and the next two (2) years for the Hardware Device (the “Warranty Period”), that the SOFTWARE and Hardware Device will substantially conform with the accompanying packaging and documentation.
Implied Warranty. You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to you.
As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind.
B. EXCLUSIVE REMEDY. During the Warranty Period and subject to applicable law, and provided that You either return the SOFTWARE and Hardware Device to Your place of purchase or to Microsoft with a copy of Your receipt or other bona fide proof of purchase, Microsoft will, at its option and as your exclusive remedy for breach of this Limited Warranty or any implied warranties:
Orepair or replace the defective SOFTWARE or the Hardware Device or
Omake payment to You for the allowable damages that You incur in reasonable reliance but only up to the amount of the price You paid for the SOFTWARE and the Hardware Device (if any).
OAny replacement SOFTWARE or Hardware Device will be new or refurbished or serviceably used, comparable in function and performance to the original part or Hardware Device and warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the replacement back to You, whichever is longer.
OMicrosoft will use commercially reasonable efforts to diagnose and attempt to correct, or suggest solutions for, defects in the SOFTWARE and/or Hardware Device that are covered by this Limited Warranty. Microsoft does not provide any warranties regarding its warranty services and, except for the preceding sentence, disclaims all duties (if any) of workmanlike effort or of lack of negligence.
OExcept as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at Your expense.
C. NO OTHER WARRANTIES. The express warranty stated in Section A above is the only express warranty made to You and is provided in lieu of all other express or implied warranties and conditions (if any) including any created by any other documentation or packaging. No other warranties or conditions are made with respect to the SOFTWARE or Hardware Device or the warranty services by any person, including but not limited to Microsoft and its suppliers. No information (oral or written) or suggestions given by Microsoft, its agents or suppliers or its or their employees, shall create a warranty or condition or expand the scope of this Limited Warranty. Also, there is no warranty or condition of title, quiet enjoyment, or noninfringement in the SOFTWARE and Hardware Device. You may have greater rights existing under legislation in your jurisdiction. Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect.
D. EXCLUSIONS. This Limited Warranty shall not apply and Microsoft has no liability under this Limited Warranty if the SOFTWARE or Hardware Device:
Ois used for commercial purposes (including rental or lease);
Ois modified or tampered with;
Ois damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, or other causes unrelated to defective materials or workmanship;
Ois damaged by programs, data, viruses, or files, or during shipments;
Ois not used in accordance with the accompanying documentation and use instructions; or
Ois repaired, modified or altered by other than Microsoft authorized repair centers.
E. REGISTRATION. You need not register Your acquisition of the SOFTWARE and Hardware Device for the Limited Warranty to be effective.
F. BENEFICIARY. To the extent allowed by applicable law, the Limited Warranty is only made to You, the first licensed user of the SOFTWARE and Hardware Device, and there are no third party beneficiaries of the Limited Warranty. It is not intended for and does not apply to anyone else (except as required by law), including anyone to whom You make any transfer as authorized in the EULA.
