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If this Warranty does not cover your Product or the issue based on which
it requires service, Manufacturer reserves the right to charge for the
repair or replacement of your Product, as well as a handling fee.
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 impliedly, 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, 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 of Dispute is sent. After 60 days, you or
Manufacturer may commence arbitration.
2 Small Claims Court. You may also litigate any dispute in small claims
court in your county of residence (or if a business your principal place of
business) or King County, Washington, if the dispute meets all
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