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YOU AGREE THAT MICROSOFT IS NOT LIABLE TO
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YOU FOR ANY LOSS OF YOUR DATA OR CONTENT
RESULTING FROM MICROSOFT'S REPAIR OR
REPLACEMENT OF YOUR ZUNE PRODUCT.
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After the Warranty Period has expired, Microsoft
may charge you a fee for its efforts to diagnose
and/or service any Zune Product-related problems.
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Microsoft will use commercially reasonable efforts
to diagnose and attempt to correct, or suggest
solutions for, Zune Product defects 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.
D. NO OTHER WARRANTIES.
The express warranty stated in Section A 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 Zune
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 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
non-infringement in the Zune Product. You may have
greater rights existing under legislation in your
jurisdiction. Where any term of this Limited
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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
Zune Product:
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suffers scratches, cracks, or other cosmetic
damage as a result of normal wear and tear
and/or accident or abuse;
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is used with non-Microsoft hardware products or
software not licensed by Microsoft (including
but not limited to adaptors and power supply
sources) or which are otherwise not compatible;
»
is used for commercial purposes (including
rental or lease);
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is modified or tampered;
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is damaged by Acts of God, power surge, misuse,
abuse, negligence, accident, wear and tear,
mishandling, misapplication, intrusion of or
exposure to liquids, or other causes unrelated to
defective materials or workmanship;
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serial number is defaced, altered, or removed;
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is damaged by programs, data, viruses, or files,
or during shipments;
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is not used in accordance with the accompanying
documentation and use instructions; or
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is opened, disassembled, repaired, modified, or
altered by other than Microsoft authorized repair
centers.
This Limited Warranty does not cover your data or
any separate software or content whether or not
packaged or included with the Zune Product, or any
Zune 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 ZUNE 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 ZUNE
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.
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The software included in the Zune Product is
licensed to you, not sold. You are licensed to use
such software only in your Zune Product and you
may not reverse engineer it, except as expressly
permitted by applicable law notwithstanding
this limitation.
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You are solely responsible for your compliance
with applicable copyright laws in your use of
music and video content with the Zune Product.
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Your Zune Product and its internal components
are new pursuant to industry standards, unless
otherwise indicated on the Zune Product retail
packaging as "Refurbished".
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You agree to comply with all applicable export
laws and regulations if you export the Product
outside of the United States.
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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. The laws of the State of Washington, U.S.A.,
will apply to this Limited Warranty.
I. QUESTIONS?
Within the United States, please see
www.zune.net/support or call 877-GET-ZUNE
(877-438-9863).
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