Microsoft ZV7-00009 Getting Started Manual page 12

C. NO OTHER WARRANTIES. The express warranty stated above is the only express warranty made to
You and is provided in lieu of all other express or implied warranties and conditions (if any) including
any created by any other documentation or packaging. No other warranties or conditions are made
with respect to the Hardware Device or the warranty services by any person, including but not limited
to Microsoft, its agents, affiliates and suppliers. No information (oral or written) or suggestions given by
Microsoft, its agents 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
noninfringement in the Hardware Device. You may have greater rights existing under legislation in your
jurisdiction.
D. EXCLUSION OF OTHER DAMAGES.
TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT AND ITS AGENTS, AFFILIATES AND SUPPLIERS ARE
NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART
OF THE HARDWARE DEVICE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT
NOT LIMITED TO ANY DUTY OF NEGLIGENCE, GOOD FAITH OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO
THE HARDWARE DEVICE. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY AGENT, AFFILIATE
OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; AND
EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY,
MISREPRESENTATION OR OTHER REASON.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitation or exclusions may not apply to You.
E. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and Microsoft, its agents,
affiliates and suppliers have no liability under this Limited Warranty if the Hardware Device:
- is used for commercial purposes (including rental or lease);
- is modified or tampered with;
- is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear,
mishandling, misapplication, or other causes unrelated to defects in the Hardware Device;
- 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 repaired, modified or altered by other than a Microsoft authorized repair center and the unauthorized
center causes or contributes to any defect or damage.
F. REGISTRATION. You need not register Your acquisition of the Hardware Device for the Limited
Warranty to be effective.
G. BENEFICIARY. To the extent allowed by applicable law, the Limited Warranty is only made to You, the
first purchaser of the Hardware Device, and there are no third party beneficiaries of the Limited Warranty.
It is not intended for and does not apply to anyone else (except as required by law), including anyone to
whom You make any transfer of the Hardware Device.
H. GOVERNING LAW; EXCLUSIVE FORUM. If You acquired the Hardware Device in the United States
of America, all parts of this Limited Warranty shall be construed under and controlled by the laws of
the State of Washington, U.S.A., and You irrevocably consent to exclusive jurisdiction and venue in the
federal courts sitting in King County, WA unless no federal subject matter jurisdiction exists, in which case
You irrevocably consent to exclusive jurisdiction and venue in the Superior Court of King County, WA. If
You acquired the Hardware Device in Canada, except where expressly prohibited by local laws, the laws
in force in the Province of Ontario, Canada apply and each of the parties hereto irrevocably attorns to
the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation
which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. If You
acquired this Hardware Device outside of the countries listed above, then local laws may apply.
I. FURTHER INFORMATION. Microsoft is the warrantor under this Limited Warranty. To receive
instructions for obtaining performance of this Limited Warranty You must either contact the Microsoft
subsidiary serving your country, or write to: Microsoft Sales Information Center, One Microsoft Way,
Redmond, WA 98052-6399, USA, or visit Microsoft on the World Wide Web at http://www.microsoft.com.
You must also:
1. Submit proof of payment in the form of a bona fide, dated receipt, or invoice (or a copy) evidencing
that You are the beneficiary of this Limited Warranty and that Your request for a remedy is made within
the Warranty Period;
2. Follow Microsoft's shipping and other instructions if it determines that all or part of your Hardware
Device requires return. To obtain the Limited Warranty performance, you must take or deliver the item
in either its original packaging or packaging that provides an equal degree of protection to the location
specified by Microsoft. Except as otherwise required by legislation in your jurisdiction, costs associated
with transport (including packaging) for warranty service shall be at Your expense.
Failure to follow the above instructions may result in delays, cause you to incur additional charges, or
may void your warranty.
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