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A part from the Microsoft from the XP License
12. LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED IN THE US AND
CANADA. Microsoft warrants that the Product will perform substantially
in accordance with the accompanying materials for a period of ninety days
from the date of receipt. If an implied warranty or condition is created by
your state/jurisdiction and federal or state/provincial law prohibits
disclaimer of it, you also have an implied warranty or condition, BUT ONLY
AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY
DAYS). AS TO ANY
DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR
CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on
how long an implied warranty or condition lasts, so the above limitation may
not apply to you. Any supplements or updates to the Product, including
without limitation, any (if any) service packs or hot fixes provided to you
after the expiration of the ninety day Limited Warranty period are not
covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive
remedy for any breach of this
Limited Warranty is as set forth below. Except for any refund elected by
Microsoft, YOU ARE NOT ENTITLED TO ANY
DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product
does not meet
Microsoft's Limited Warranty, and, to the maximum extent allowed by
applicable law, even if any remedy fails of its essential purpose. The terms
of Section 14 below ("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated into this Limited
Warranty. Some states/jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or exclusion
may not apply to you. This Limited Warranty gives you specific legal rights.
You may have others which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers'
entire liability and your exclusive remedy shall be, at Microsoft's option
from time to time exercised subject to applicable law, (a) return of the
price paid (if any) for the Product, or (b) repair or replacement of the
Product, that does not meet this Limited Warranty and that is returned to
Microsoft with a copy of your receipt. You will receive the remedy elected
by Microsoft without charge, except that you are responsible for any
expenses you may incur (e.g. cost of shipping the Product to Microsoft).
This Limited Warranty is void if failure of the Product has resulted from
accident, abuse, misapplication, abnormal use or a virus. Any replacement
Product will be warranted for the remainder of the original warranty period
or thirty (30) days, whichever is longer. Outside the United States or
Canada, neither these remedies nor any product support services offered by
Microsoft are available without proof of purchase from an authorized
international source. To exercise your remedy, contact: Microsoft, Attn.
Microsoft Sales Information Center/One Microsoft Way/Redmond, WA
98052-6399, or the Microsoft subsidiary serving your country.
LIMITED WARRANTY FOR SOFTWARE PRODUCTS ACQUIRED OUTSIDE THE US AND CANADA.
FOR THE
LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR
JURISDICTION,
PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED
WITH
THE SOFTWARE PRODUCT PRINTED MATERIALS.
13. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above
is the only express warranty made to you and is provided in lieu of any
other express warranties (if any) created by any documentation or packaging.
Except for the
Limited Warranty and to the maximum extent permitted by applicable law,
Microsoft and its suppliers provide the Product and support services (if
any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and
conditions, either express, implied or statutory, including, but not limited
to, any (if any) implied warranties, duties or conditions of
merchantability, of fitness for a particular purpose, of accuracy or
completeness of responses, of results, of workmanlike effort, of lack of
viruses, and of lack of negligence, all with regard to the Product, and the
provision of or failure to provide support services. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO
THE PRODUCT.
14. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET
ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND
FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY
TO USE THE
PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR
OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE
FAULT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages
that you might incur for any
reason whatsoever (including, without limitation, all damages referenced
above and all direct or general damages),
the entire liability of Microsoft and any of its suppliers under any
provision of this EULA and your exclusive remedy
for all of the foregoing (except for any remedy of repair or replacement
elected by Microsoft with respect to any breach
of the Limited Warranty) shall be limited to the greater of the amount
actually paid by you for the Product or U.S.$5.00. The foregoing
limitations, exclusions and disclaimers (including Sections 12, 13 and 14
above) shall apply to the maximum extent permitted by applicable law, even
if any remedy fails its essential purpose.
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