Software License - Microsoft RKB-00001 Important Information Manual

(b) used for commercial purposes (including, for example, rental,
pay-per-play, etc.);
(c) opened, modified, or tampered with (including, for example,
any attempt to defeat any Xbox 360 S or Accessory technical
limitation, security, or anti-piracy mechanism, etc.), or its serial
number is altered or removed;
(d) damaged by any external cause (including, for example, by
being dropped, used with inadequate ventilation, etc., or
failure to follow instructions in the instruction manual for the
Xbox 360 S or Accessory); or
(e) repaired by anyone other than Microsoft.
6. eXClUsIon oF CerTaIn DamaGes
MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY
LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR
ANY INABILITY TO USE YOUR XBOX 360 S OR ACCESSORY. THESE
EXCLUSIONS APPLY EVEN IF MICROSOFT HAS BEEN ADVISED OF
THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE. Some States or Provinces do
not allow the exclusion or limitation of incidental or consequential
damages, so this limitation or exclusion may not apply to You.
7. additional Terms
If You attempt to defeat or circumvent any Xbox 360 S or Accessory
technical limitation, security, or anti-piracy system, You may cause
Your Xbox 360 S or Accessory to stop working permanently. You will
also void Your warranty, and make Your Xbox 360 S, or Accessory
ineligible for authorized repair, even for a fee.
8. Choice of law
(a) If You acquired Your Xbox 360 S or Accessory in the United
States, Washington State law governs the interpretation of
this warranty and any claim that Microsoft has breached it,
regardless of conflict of law principles.
(b) If You acquired Your Xbox 360 S or Accessory in Canada,
Ontario Provincial law governs the interpretation of this
warranty and any claim that Microsoft has breached it,
regardless of conflict of law principles.
(c) The laws of the State or Province where You live govern
all other claims (including consumer protection, unfair
competition, implied warranty, and tort claims).
All parts of this Limited Warranty apply to the maximum extent
permitted by law or unless prohibited by law.
9. This warranty is valid only in the United states of
america and Canada.
Microsoft's address in the United States: Microsoft Corporation,
One Microsoft Way, Redmond, WA 98052
Microsoft's address in Canada: Microsoft Canada Inc.,
1950 Meadowvale Blvd., Mississauga, Ontario, L5N 8L9
soFTWare lICense
bY UsInG YoUr XboX 360 s or aUTHorIZeD aCCessorY
YoU aGree To THIs soFTWare lICense. beFore seTTInG
IT Up, please reaD THIs soFTWare lICense CareFUllY. IF
YoU Do noT aCCepT THIs soFTWare lICense, Do noT Use
YoUr XboX 360 s or aUTHorIZeD aCCessorY. reTUrn
IT To UnUseD To YoUr reTaIler or mICrosoFT For a
reFUnD. Contact Microsoft at http://www.xbox.com/
(800) 4MY-XBOX or (800) 469-9269.
1. Definitions
(a) "Xbox 360 S" means an Xbox 360 S console.
(b) "Authorized Accessory" means a Microsoft branded Xbox 360
or Xbox 360 S hardware accessory, and a Microsoft licensed,
third party branded, Xbox 360 or Xbox 360 S hardware
accessory whose packaging bears the official "Licensed
for Xbox" logo. A hard disk drive is an Accessory whether
preinstalled or purchased separately.
(c) "Authorized Games" means Xbox 360 or Xbox 360 S games
on game discs published or licensed by Microsoft, and game
content downloaded from Microsoft's Xbox LIVE service or
Xbox.com Web site (for example, avatars, downloadable
games, game add-ons, etc.).
(d) "Software" means the software pre-installed in the Xbox 360 S
or Authorized Accessory, including any updates Microsoft may
make available from time to time.
4
(e) "Unauthorized Accessories" means all hardware accessories
other than an Authorized Accessory, except that USB memory
sticks, digital cameras used to make photographs or movies,
and music players used to play music or display photographs
or videos are not Unauthorized Accessories. Hard disk drives
are Accessories whether preinstalled or purchased separately.
(f) "Unauthorized Games" means all game discs, game
downloads, and game content or media other than
Authorized Games.
(g) "Unauthorized Software" means any software not distributed
by Microsoft through Xbox 360 or Xbox 360 S game discs
published or licensed by Microsoft, Microsoft's Xbox LIVE
service, or Xbox.com Web site.
(h) "You" means the user of an Xbox 360 S or Authorized Accessory.
2. license
(a) The Software is licensed to You, not sold. You are licensed to
use the Software only as pre-installed in Your Xbox 360 S or
Authorized Accessory, and updated by Microsoft from time to
time. You may not copy or reverse engineer the Software.
(b) As conditions to this Software license, You agree that:
(i) You will use only authorized accessories and
authorized Games with Your Xbox 360 s or
authorized accessory. You will not use Unauthorized
accessories or Unauthorized Games. They may not
work or may stop working permanently after a
software update.
(ii) You will not use or install any Unauthorized software.
If You do, Your Xbox 360 s or authorized accessory
may stop working permanently at that time or after a
later software update.
(iii) You will not attempt to defeat or circumvent any Xbox 360 S
or Authorized Accessory technical limitation, security,
or anti-piracy system. If You do, Your Xbox 360 S or
Authorized Accessory may stop working permanently at
that time or after a later Software update.
(iv) Microsoft may use technical measures, including Software
updates, to prevent use of Unauthorized Accessories
and Unauthorized Games, and to protect the technical
limitations, security, and anti-piracy systems in the
Xbox 360 S or Authorized Accessory.
(v) microsoft may update the software from time to time
without further notice to You, for example, to update
any technical limitation, security, or anti-piracy system.
3. Warranty.
The Software is covered by the Limited Warranty for Your Xbox 360 S
or Authorized Accessory, and Microsoft gives no other guarantee,
warranty, or condition for the Software. No one else may give any
guarantee, warranty, or condition on Microsoft's behalf.
4. eXClUsIon oF CerTaIn DamaGes
MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY
LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY
INABILITY TO USE THE SOFTWARE. THESE EXCLUSIONS APPLY
EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY
OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. Some States or Provinces do not allow the
exclusion or limitation of incidental or consequential damages, so
this limitation or exclusion may not apply to You.
5. Choice of law
(a) If You acquired Your Xbox 360 S or Authorized Accessory in the
United States, Washington State law governs the interpretation
of this Software license and any claim that Microsoft has
breached it, regardless of conflict of law principles.
(b) If You acquired Your Xbox 360 S or Authorized Accessory in
Canada, Ontario Provincial law governs the interpretation
of this Software license and any claim that Microsoft has
breached it, regardless of conflict of law principles.
(c) The laws of the State or Province where You live govern
all other claims (including consumer protection, unfair
competition, implied warranty, and tort claims).
This agreement applies to the maximum extent permitted by law
and unless prohibited by law. This agreement does not change
your rights under the laws of your State or country if the laws of
your State or country do not permit it to do so.