Microsoft Remote Control and Receiver User Manual page 17

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 many 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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