Warranty and Limitation of Liability
January 17, 2007 8F2927 A-11
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.
Warranty/Special
Provisions for England
Scotland, Wales and
Ireland - Limited
Warranty
LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will
perform substantially in accordance with the accompanying written materials
for a period of ninety (90) days from the date of receipt, and (b) any
Microsoft hardware accompanying the SOFTWARE will be free from defects in
materials and workmanship under normal use and service for a period of one
(1) year from the date of receipt. Any implied warranties on the SOFTWARE
and Microsoft hardware are limited to ninety (90) days and one (1) year,
respectively. Some states/jurisdictions do not allow limitations on duration of
an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and
your exclusive remedy shall be, at Manufacturer's option, either (a) return of
the price paid, or (b) repair or replacement of the SOFTWARE or hardware
that does not meet this Limited Warranty and which is returned to
Manufacturer with a copy of your receipt. This Limited Warranty is void if
failure of the SOFTWARE or hardware has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE or hardware will be warranted
for the remainder of the original warranty period or thirty (30) days,
whichever is longer.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY
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