Microsoft ZUNE Product Manual page 8

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 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:
» suffers scratches, cracks, or other cosmetic damage as
a result of normal wear and tear and/or accident
or abuse;
» 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);
» is modified or tampered;
» 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;
» 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 opened, disassembled, repaired, modified, or altered
by other than Microsoft authorized repair centers.
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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.
» The software developed for 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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