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4. LIMITATION OF MANUFACTURER'S LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW(S), MANUFACTURER
SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE, EITHER
EXPRESSLY OR IMPLICITLY, FOR ANY
1 DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING FROM
OR RELATING TO LOSS OF, DAMAGE TO, OR CORRUPTION OF,
CONTENT OR DATA OR THE RECREATION OR TRANSFER THEREOF
EVEN IF SUCH LOSS, DAMAGE, OR CORRUPTION WAS A RESULT OF A
DEFECT IN YOUR PRODUCT; AND/OR
2 LOSS OF PROFIT, PRODUCTS OR FUNCTIONALITY, BUSINESS,
CONTRACTS, REVENUES OR ANTICIPATED SAVINGS, INCREASED
COSTS OR EXPENSES, OR FOR ANY INDIRECT, CONSEQUENTIAL OR
SPECIAL LOSS OR DAMAGE.
To the extent permitted by applicable law(s), Manufacturer's liability
shall be limited to the purchase value of your Product.
5. CHOICE OF LAW
The laws of the State or Province where you live (or if a business your
principal place of business) govern the interpretation of this warranty,
any claim that Manufacturer has breached it, and all other claims
(including consumer protection, unfair competition, implied warranty,
and tort claims), regardless of conflict of law principles, except that
the Federal Arbitration Act governs all provisions relating to
arbitration.
6. BINDING ARBITRATION AND CLASS ACTION WAIVER IF
YOU LIVE IN (OR IF A BUSINESS YOUR PRINCIPAL PLACE
OF BUSINESS IS IN) THE UNITED STATES
This section applies to any dispute EXCEPT DISPUTES RELATING TO
THE ENFORCEMENT OR VALIDITY OF YOUR, MANUFACTURER'S, OR
EITHER YOUR OR MANUFACTURER'S LICENSOR'S INTELLECTUAL
PROPERTY RIGHTS. The term "dispute" means any dispute, action or
other controversy between you and Manufacturer concerning the
Product (including its price) or this warranty, whether in contract,
warranty, tort, statute, regulation, ordinance or any other legal or
equitable basis. "Dispute" will be given the broadest possible meaning
allowable under law.
1 Notice of Dispute. In the event of a dispute, you or Manufacturer
must give the other a Notice of Dispute, which is a written statement
that sets forth the name, address and contact information of the
party giving it, the facts giving rise to the dispute, and the relief
requested. You must send any Notice of Dispute by U.S. Mail to Nokia
Inc., ATTN: LCA ARBITRATION, One Microsoft Way, Redmond WA
98052-6399. A form is available at go.microsoft.com/fwlink/?
linkid=245499. Manufacturer will send any Notice of Dispute to you
by U.S. Mail to your address if we have it, or otherwise to your e-mail
address. You and Manufacturer will attempt to resolve any dispute
through informal negotiation within 60 days from the date the Notice
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