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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, its agents, affiliates and suppliers do not provide any warranties regarding any other
services provided under this Limited Warranty and disclaim all duties (if any) of workmanlike effort or
of lack of negligence regarding such services.
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 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;
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