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repair or replace all or part of the defective SOFTWARE or the defective Hardware Device; or
make payment to You for the allowable damages that You incurred in reasonable reliance, but only up to the amount You
paid (if any) for the SOFTWARE and/or the Hardware Device less reasonable depreciation based on actual use.
The above remedy is subject to the following:
Any repaired or replaced SOFTWARE or Hardware Device will be new or refurbished or serviceably used, comparable in
function and performance to the original Hardware Device (or SOFTWARE), and may include third party items;
Any SOFTWARE or Hardware Device repaired or replaced under this Limited Warranty will be warranted for the remainder
of the original Warranty Period or 30 days from the date of shipment of the item back to You, whichever is longer. If an
upgrade to SOFTWARE is delivered with a new limited warranty, then the terms of that new limited warranty will apply only
to the SOFTWARE as upgraded, but will not apply to the original Hardware Device;
Except as otherwise required by legislation in Your jurisdiction, costs associated with transport (including packaging) for
warranty service shall be at Your expense; and
Microsoft does not provide any warranties regarding any other services provided under this Limited Warranty and disclaims
all duties (if any) of workmanlike effort or of lack of negligence regarding such services.
C. EXCLUSION OF OTHER DAMAGES. TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT AND ITS SUPPLIERS, AFFILIATES
AND AGENTS 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 OR SOFTWARE,
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 SOFTWARE OR
HARDWARE DEVICE. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER, AFFILIATE OR AGENT 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.
D. EXCLUSIONS FROM COVERAGE. This Limited Warranty shall not apply and Microsoft has no liability under this Limited
Warranty if the SOFTWARE or Hardware Device:
- is used for commercial purposes (including rental or lease) or purposes beyond the scope of the SOFTWARE license;
- 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 or the SOFTWARE;
- is damaged by programs, data, viruses, or files, or during shipments or transmissions;
- 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.
This Limited Warranty does not include any warranty regarding legal rights or abilities, such as any warranty regarding title,
quiet enjoyment or lack of infringement.
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