Microsoft OMPB10VWM, PB10ZUM manual Termination, Limitation of Liability

7. Termination

You agree that Microsoft or its service partners, in their sole discretion, may immediately terminate the license to use the KIN Software (whether directly or through your mobile operator) at any time without notice and for any reason, including but not limited to, if we believe that you have violated any of the terms and conditions of this Agreement or your agreements with your mobile operator. You agree that any termination of your right to use the KIN Software may be effected without prior notice, and acknowledge and agree that, upon termination, Microsoft and its service partners may immediately delete all related information, emails, contacts, files and other data in your account and/ or bar any further access to such files. Further, you agree that neither Microsoft nor its service partners shall be liable to you for any termination of your access to the KIN Software hereunder.

8. NO WARRANTY

WE PROVIDE THE KIN SOFTWARE, INCLUDING ALL SERVICES, CONTENT AND OTHER MATERIALS ACCESSED USING THE KIN DEVICE 'AS-IS,' 'WITH ALL FAULTS' AND 'AS AVAILABLE.' WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE KIN DEVICE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS AND VENDORS (COLLECTIVELY, THE ' MICROSOFT PARTIES') GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. WE EXCLUDE ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.

9. Limitation of Liability

You can recover from the Microsoft Parties for all claims RELATED TO YOUR USE OF THE KIN Software only direct damages up to a total, aggregate amount US$100. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to any type of claim including anything related to:

•The KIN Software, including all related software, sites, site content and services,

•Third-party content (including code) on third party Internet sites, third party programs or third- party conduct,

•Viruses or other disabling features that affect your access to or use of the KIN Software,

•Incompatibility between the KIN Software and other services, software and hardware,

•Delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the KIN Software in an accurate or timely manner, and

•Claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

• This remedy does not fully compensate you for any losses, or fails of its essential purpose; or

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