Microsoft S9G-00005, S7G-00001 Microsoft’s Responsibility, Warranty Exclusions, Additional Terms

4.Microsoft’s Responsibility

(a)After You return Your Xbox 360 S or Accessory to Microsoft, Microsoft will inspect it.

(b)If Microsoft determines that the Xbox 360 S or Accessory malfunctioned during the Warranty Period under Normal Use Conditions, Microsoft 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

Xbox 360 S or Accessory will be covered by this warranty for the longer of the remainder of Your original Warranty Period, or 95 days after Microsoft ships it to You.

(d)MICROSOFT’S RESPONSIBILITY TO REPAIR OR REPLACE YOUR XBOX 360 S OR ACCESSORY, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY.

(e)If Your Xbox 360 S 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 with Your Xbox 360 S or Accessory.

5.Warranty Exclusions

Microsoft is not responsible and this warranty does not apply if Your Xbox 360 S or Accessory is:

(a)used with products not sold or licensed by Microsoft (including “pirated” games and accessories not manufactured or licensed by Microsoft);

(b)used for commercial purposes (including rental, pay- per-play, etc.);

(c)opened, modified, or tampered with (including any attempt to defeat any Xbox 360 S or Accessory security or anti-piracy mechanism), or its serial number is altered or removed;

(d)damaged by any external cause (including inadequate ventilation, or other failure to follow instructions in

the printed user instruction manual packaged with the Xbox 360 S or Accessory); or

(e)repaired by anyone other than Microsoft.

6.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 XBOX 360 S 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.

7.Additional Terms

(a)The software in the Xbox 360 S or Accessory is licensed, not sold. You are licensed to use the software only in your Xbox 360 S or Accessory and you may not reverse engineer it.

(b)If You attempt to defeat or circumvent the Xbox

360 S or Accessory security or anti-piracy system, You may cause Your Xbox 360 S or Accessory to stop working permanently. You will also void your Warranty, and make your Xbox 360 S or Accessory ineligible for authorized repair, even for a fee.

8.Choice of Law

(a)If you acquired Your Xbox 360 S or Accessory in the United States, Washington State law governs the interpretation of this warranty and any claim that

Microsoft has breached it, regardless of conflict of law principles.

(b)If you acquired Your Xbox 360 S or Accessory in Canada, Ontario Provincial law governs the interpretation of this warranty and any claim that

Microsoft has breached it, regardless of conflict of law principles.

(c)The laws of the State or Province where you live govern all other claims (including consumer protection, unfair competition, implied warranty, and tort claims).

(d)This Warranty is valid only in the United States of America and Canada.

Microsoft’s address in the United States: Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA

Microsoft’s address in Canada: Microsoft Canada Inc., 1950 Meadowvale Blvd., Mississauga, Ontario, L5N 8L9

14