Microsoft Xbox 360 Warranty page 5

• Any replacement parts or Xbox Product
will be new or refurbished or
serviceably used, comparable in
function and performance to the original
part or Xbox Product and warranted for
the remainder of the original Warranty
Period or 30 days from the date of
shipment of the Xbox Product back to
you, whichever is longer.
• YOU AGREE THAT MICROSOFT IS NOT
LIABLE TO YOU FOR ANY LOSS OF
YOUR DATA RESULTING FROM
MICROSOFT'S REPAIR OR
REPLACEMENT OF YOUR XBOX
PRODUCT.
• After the Warranty Period has expired,
Microsoft may charge you a fee for its
efforts to diagnose and service any Xbox
Product-related problems.
• Microsoft will use commercially
reasonable efforts to diagnose and
attempt to correct, or suggest solutions
for, Xbox Product defects that are
covered by this Limited Warranty.
MICROSOFT DOES NOT PROVIDE ANY
WARRANTIES REGARDING ITS
WARRANTY SERVICES AND, EXCEPT
FOR THE PRECEEDING SENTENCE,
DISCLAIMS ALL DUTIES (IF ANY) OF
WORKMANLIKE EFFORT OR OF LACK
OF NEGLIGENCE.
D. 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 Xbox Product 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
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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
Xbox Product. 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.
E. EXCLUSIONS FROM LIMITED
WARRANTY.
This Limited Warranty shall not apply and
Microsoft has no liability under this Limited
Warranty if the Xbox Product:
• is used with products not sold or
licensed by Microsoft (including, but not
limited to, non-licensed games and
game enhancement devices, adaptors
and power supply sources) or which are
otherwise not compatible;
• is used for commercial purposes
(including rental or lease);
• is modified or tampered with;
• is 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;
• serial number is defaced, altered or
removed;
• is damaged by programs, data, viruses,
or files, or during shipments;
• is not used in accordance with the
accompanying documentation and use
instructions; or
• is repaired, modified or altered by other
than Microsoft authorized repair
centers.
This Limited Warranty does not cover your
data, any separate software or Xbox games
whether or not packaged or included with
the Xbox Product, or any Xbox accessories
or peripheral devices that are not
manufactured by or for Microsoft.
F. EXCLUSION OF CONSEQUENTIAL,
INCIDENTAL AND CERTAIN OTHER
DAMAGES and LIMITATION OF
LIABILITY.
TO THE FULL EXTENT ALLOWED BY LAW,
MICROSOFT IS NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL
DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE
WHATSOEVER RELATING TO LOST
PROFITS, LOSS OF DATA OR PRIVACY OR
CONFIDENTIALITY, ANY INABILITY TO
USE ALL OR PART OF THE XBOX
PRODUCT, PERSONAL INJURY, OR ANY
FAILURE TO MEET ANY DUTY
(INCLUDING BUT NOT LIMITED TO ANY
LACK OF NEGLIGENCE OR OF
WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES;
ARISING OUT OF RELATING IN ANY WAY
TO THE XBOX PRODUCT.
THE FOREGOING APPLIES EVEN IF
MICROSOFT OR ANY SUPPLIER OR
AGENT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSSES OR
DAMAGES; EVEN IN THE EVENT OF
FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT OR PRODUCT LIABILITY,
MISREPRESENTATION OR OTHER
REASON; AND EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the
exclusion or limitation of incidental or
consequential damages, so the above
limitations or exclusions may not apply
to you.
G. ADDITIONAL CONDITIONS.
• The software included in the Xbox
Product is licensed to you, not sold. You
are licensed to use such software only
in your Xbox Product and you may not
reverse engineer it, except as expressly
permitted by applicable law
notwithstanding this limitation.
• Your Xbox Product and its internal
components are new pursuant to
industry standards, unless otherwise
indicated on the Xbox Product retail
packaging as "Refurbished".
• You agree to comply with all applicable
export laws and regulations if you
export the Product outside of the United
States or Canada.
• This Limited Warranty applies to the
original purchaser only and may not be
assigned or transferred. However, some
jurisdictions extend the protection of
implied warranties to subsequent
consumers and therefore this limitation
may not apply to you.
H. GOVERNING LAW.
This Limited Warranty is valid only in the
United States of America and Canada. If
you acquired the Product in the United
States, the laws of the State of
Washington, U.S.A., will apply to this
Limited Warranty.
If you acquired the Product in Canada,
except where expressly prohibited by local
law, the laws in force in the Province of
Ontario, Canada will apply.
I. QUESTIONS?
Within the U.S. and U.S. Territories or
Canada, please see www.xbox.com or call
the Xbox Customer Support number
available inside the back cover.
This Limited Warranty gives you specific
legal rights, and you may also have other
rights which vary from jurisdiction to
jurisdiction.
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