Warranty and Limitation of Liability
January 14, 2008 2G0733 A-11
LIMITATION OF LIABILITY. To the maximum extent permitted by
applicable law, any conditions or warranties imposed or implied by law are
hereby excluded. Consumers may nevertheless have the benefit of certain
rights or remedies pursuant to the Trade Practices Act and similar state and
territory laws in Australia or the Consumer Guarantees Act in New Zealand,
in respect of which liability may not be excluded. Insofar as such liability
may not be excluded, then to the maximum extent permitted by law, such
liability is limited, at the exclusive option of Manufacturer, to either (a)
replacement of the SOFTWARE (and any accompanying hardware
supplied); or (b) correction of defects in the SOFTWARE; or (c) payment of
the cost of having defects in the SOFTWARE (and any accompanying
hardware supplied).
EXCLUSION OF LIABILITY/DAMAGES. THE FOLLOWING IS
WITHOUT PREJUDICE TO ANY RIGHTS YOU MAY HAVE AT LAW
WHICH CANNOT LEGALLY BE EXCLUDED OR RESTRICTED. YOU
ACKNOWLEDGE THAT NO PROMISE, REPRESENTATION,
WARRANTY OR UNDERTAKING HAS BEEN MADE OR GIVEN BY
MANUFACTURER AND/OR MICROSOFT CORPORATION (OR
RELATED COMPANY OF EITHER) TO ANY PERSON OR COMPANY
ON ITS BEHALF IN RELATION TO THE PROFITABILITY OF OR
ANY OTHER CONSEQUENCES OR BENEFITS TO BE OBTAINED
FROM THE DELIVERY OR USE OF THE SOFTWARE AND ANY
ACCOMPANYING MICROSOFT HARDWARE, SOFTWARE,
MANUALS OR WRITTEN MATERIALS. YOU HAVE RELIED UPON
YOUR OWN SKILL AND JUDGEMENT IN DECIDING TO ACQUIRE
THE SOFTWARE AND ANY ACCOMPANYING HARDWARE,
MANUALS AND WRITTEN MATERIALS FOR USE BY YOU. EXCEPT
AS AND TO THE EXTENT PROVIDED IN THIS AGREEMENT,
NEITHER MANUFACTURER AND/OR MICROSOFT CORPORATION
(OR RELATED COMPANY OF EITHER) WILL IN ANY
CIRCUMSTANCES BE LIABLE FOR ANY OTHER DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION OR OTHER INDIRECT OR
CONSEQUENTIAL LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE OR SUPPLY OR NON-SUPPLY OF THE
SOFTWARE AND ANY ACCOMPANYING HARDWARE AND
WRITTEN MATERIALS. MANUFACTURER'S AND/OR MICROSOFT
CORPORATION (OR RELATED COMPANY OF EITHER) TOTAL
LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT IS IN
ANY CASE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
FOR THE SOFTWARE AND/OR MICROSOFT HARDWARE.
This agreement is governed by the laws of New South Wales, Australia or,
where supplies are made in New Zealand, by the laws of New Zealand.
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