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Exclusions of Liability. AMAZON WILL NOT BE LIABLE FOR: (A) LOSSES THAT WERE NOT
REASONABLY FORESEEABLE TO YOU AND AMAZON AT THE TIME WHEN YOU PURCHASED THE KINDLE,
DIGITAL CONTENT OR SOFTWARE (AS APPLICABLE); (B) LOSSES THAT DID NOT ARISE FROM ANY
BREACH OR DEFAULT ON AMAZON'S PART; AND (C) ANY BUSINESS LOSSES, OR OTHER LOSSES THAT
ARISE FROM ANY NON-CONSUMER USE OF THE SERVICE, KINDLE, KINDLE STORE, DIGITAL CONTENT
OR SOFTWARE, OR YOUR USE OF THE KINDLE, KINDLE STORE, DIGITAL CONTENT OR SOFTWARE IN A
WAY THAT IS PROHIBITED BY THIS AGREEMENT. IN RESPECT OF LOSSES THAT ARE NOT EXCLUDED BY
THE ABOVE CLAUSE, AMAZON'S LIABILITY TO YOU FOR COMPENSATION (IN ADDITION TO YOUR
RIGHTS TO OBTAIN A REPAIR, REPLACEMENT OR REFUND UNDER THE AMAZON WARRANTY OR VIA
YOUR STATUTORY RIGHTS) WILL BE LIMITED TO THREE HUNDRED POUNDS (GBP). NOTHING IN THIS
PARAGRAPH AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER OR ANY LIABILITY FOR DEATH,
PERSONAL INJURY, OR FRAUD.
Governing Law. The laws of the Grand Duchy of Luxembourg, without regard to principles of
conflict of laws, will govern this Agreement and any dispute of any sort that might arise between
you and Amazon.
Disputes. Any dispute arising out of or relating in any way to this Agreement will be adjudicated in
the courts of the judicial district of Luxembourg City, and you consent to non-exclusive jurisdiction
and venue in such courts.
U.S. Government Rights. The Software, Service, and Digital Content are provided to the U.S.
Government as "commercial items," "commercial computer software," "commercial computer
software documentation," and "technical data," as defined in the U.S. Federal Acquisition
Regulation and the U.S. Defense Federal Acquisition Regulation Supplement, with the same rights
and restrictions customarily provided to end users.
Complete Agreement and Severability. This is the entire agreement between us and you regarding
the Kindle, Digital Content, Software, and Service and supersedes all prior understandings
regarding such subject matter. If any term or condition of this Agreement is deemed invalid, void,
or for any reason unenforceable, that part will be deemed severable and will not affect the validity
and enforceability of any remaining term or condition.
KINDLE USER'S GUIDE
Appendix B
23
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