Additional Conditions - XBOX 360 User Manual

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 incompatible;
• 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
printed user instruction materials
packaged with the Xbox Product; 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 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 DUTY OF REASONABLE
CARE 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 such
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 Xbox Product outside of the United
States or Canada.
• This Limited Warranty applies to the
original retail 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.
• Attempting to defeat or circumvent the
Xbox Product security or anti-piracy
protection system may cause your Xbox
Product to stop working permanently. It
will also void your Limited Warranty, and
may make your Xbox Product ineligible
for authorized repair, even for a fee.
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