Microsoft ZHA-00001 User Guide - Page 14

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. E. REGISTRATION. You need not register Your acquisition of the SOFTWARE and Hardware Device for the Limited Warranty to be effective. F. BENEFICIARY. To the extent allowed by applicable law, the Limited Warranty is only made to You, the first licensed user of the SOFTWARE or purchaser of the Hardware Device, and there are no third party beneficiaries of the Limited Warranty. Except as required by law, this Limited Warranty is not intended for and does not apply to anyone else, including anyone to whom You make any transfer as authorized in the Agreement. G. 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. 14