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19
warranty
2 is used for commercial purposes (including rental or lease);
3 is modified or tampered with;
4 is damaged by Acts of God, power surge, misuse, abuse, neg-
ligence, accident, wear and tear, mishandling, misapplication, or
other causes unrelated to defective materials or workmanship;
5 serial number is defaced, altered or removed;
6 is damaged by programs, data, viruses, or files, or during
shipments;
7 is not used in accordance with the accompanying documen-
tation and use instructions; or
8 is repaired, modified or altered by other than Microsoft
authorized repair centers.
This Limited Warranty does not cover your data, any separate
software or Xbox games whether or not packaged or included
with the Xbox Product, or any Xbox accessories or peripheral
devices that are not manufactured by or for Microsoft.
F. EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND CER-
TAIN OTHER DAMAGES and LIMITATION OF LIABILITY
TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT IS NOT
LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES; (ii) DAMAGES
OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST
PROFITS, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY,
ANY INABILITY TO USE ALL OR PART OF THE XBOX PROD-
UCT, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY
(INCLUDING BUT NOT LIMITED TO ANY LACK OF NEGLIGENCE
OR OF WORKMANLIKE EFFORT); OR (iii) INDIRECT, SPECIAL,
OR PUNITIVE DAMAGES; ARISING OUT OF RELATING IN ANY
WAY TO THE XBOX PRODUCT.
THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUP-
PLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSSES OR DAMAGES; EVEN IN THE EVENT OF FAULT,
TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LI-
ABILITY, MISREPRESENTATION OR OTHER REASON; AND EVEN
IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some
jurisdictions do not allow the exclusion or limitation of inci-
dental or consequential damages, so the above limitations or
exclusions may not apply to you.
G. ADDITIONAL CONDITIONS
1 The software included in the Xbox Product is licensed to
you, not sold. You are licensed to use such software only in
your Xbox Product and you may not reverse engineer it, ex-
cept as expressly permitted by applicable law notwithstand-
ing this limitation.
2 Your Xbox Product and its internal components are new
pursuant to industry standards, unless otherwise indicated on
the Xbox Product retail packaging as “Refurbished”.
3 You agree to comply with all applicable export laws and
regulations if you export the Product outside of the United
States, Canada or Mexico.
4 This Limited Warranty applies to the original purchaser only
and may not be assigned or transferred. However, some juris-
dictions extend the protection of implied warranties to subse-
quent consumers and therefore this limitation may not apply
to you.
H. GOVERNING LAW
. This Limited Warranty is valid only in
the United States of America, and Canada and Mexico. If you
acquired the Product in the United States, the laws of the
State of Washington, U.S.A., will apply to this Limited Warranty.
If you acquired the Product in Canada, except where expressly
prohibited by local law, the laws in force in the Province of
Ontario, Canada will apply.
If you acquired the Product in Mexico, then the laws of Mexico
will apply.
I. QUESTIONS
? Please call 1-800-4MYXBOX
(TTY users: 1-866-740-XBOX) within the U.S., U.S. Territories
and Canada, and within Mexico call 001 866 745 83 12
(TTY users: 001 866 251 26 21).
This Limited Warranty gives you specific legal rights, and you
may also have other rights which vary from jurisdiction to
jurisdiction.
Microsoft Corporation, One Microsoft Way, Redmond, WA 98052
U.S.A.
