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(e)  If Your Microsoft Hardware or Accessory malfunctions after the Warranty Period expires, there

is no warranty of any kind. After the Warranty Period expires, Microsoft may charge You a fee

for its efforts to diagnose and service any problems.

4. Warranty exclusions

Microsoft is not responsible and this warranty does not apply if Your Microsoft Hardware or

Accessory is:

(a)  damaged by use with products not sold or licensed by Microsoft;

(b)  opened, modified, or tampered with (including, for example, any attempt to defeat or

circumvent any Microsoft technical limitation or security mechanism, etc.), or its serial number

is altered or removed;

(c)  damaged by any external cause (including, for example, by being dropped, exposed to

liquid, used with inadequate ventilation, etc., or failure to follow instructions in the instruction

manual);

(d)  scratched, dented, etc. or shows other cosmetic damage; or

(e)  repaired by anyone other than Microsoft or an authorized retailer.

Microsoft does not guarantee that Your use of the Microsoft Hardware or Accessory will be

uninterrupted, timely, secure, or error-free, or that data loss will not occur.
5. eXcLUsion of cerTain daMages 

MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR

CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS;

OR ANY INABILITY TO USE YOUR MICROSOFT HARDWARE OR ACCESSORY. THESE EXCLUSIONS

APPLY EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND

EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some States or Provinces do not allow

the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion

may not apply to You.
6. additional Terms

If You attempt to defeat or circumvent any Microsoft Hardware or Accessory technical limitation

or security system, You may cause Your Microsoft Hardware or Accessory to stop working

permanently. You will also void Your warranty, and make Your Microsoft Hardware or Accessory

ineligible for authorized repair, even for a fee.
7. choice of Law

The laws of the State or Province where You live govern the interpretation of this warranty, any

claim that Microsoft has breached it, and all other claims (including consumer protection, unfair

competition, implied warranty, and tort claims), regardless of conflict of law principles.
8. Binding arbitration and class action Waiver for U.s. residents

(a)  Application. This section applies to any dispute

of oUr Licensors’ inTeLLecTUaL ProPerTy rigHTs. Dispute means any dispute,

action, or other controversy between you and Microsoft concerning the Microsoft Hardware

or Accessory (including its price) or this warranty, whether in contract, warranty, tort, statute,

regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the

broadest possible meaning allowable under law.

(b)  Notice of Dispute. In the event of a Dispute, you or Microsoft must give the other a Notice

of Dispute, which is a written statement that sets forth the name, address and contact

information of the party giving it, the facts giving rise to the Dispute, and the relief requested.

You must send any Notice of Dispute by U.S. Mail to

arBiTraTion, one Microsoft Way, redmond, Wa 98052-6399. a form is available at

http://go.microsoft.com/fwlink/?linkid=245499. Microsoft will send any Notice of Dispute to

you by U.S. Mail to your address if we have it, or otherwise to your e-mail address. You and

Microsoft will attempt to resolve any Dispute through informal negotiation within sixty (60)

days from the date the Notice of Dispute is sent. After sixty (60) days, you or Microsoft may

commence arbitration.

(c)  Small Claims Court. You may also litigate any Dispute in small claims court in your county of

residence or King County, Washington, if the Dispute meets all requirements to be heard in

the small claims court. You may litigate in small claims court whether or not you negotiated

informally first.

(d)  Binding Arbitration.

jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be

final except for a limited right of appeal under the Federal Arbitration Act. Any court with

jurisdiction over the parties may enforce the arbitrator’s award.

(e)  Class Action Waiver.

(f)  Arbitration Procedure; Costs, Fees, and Incentives. Any arbitration will be conducted by the

American Arbitration Association (the “AAA”), under its Commercial Arbitration Rules and

in many cases its Supplementary Procedures for Consumer-Related Disputes. For more

information, see www.adr.org or call 1-800-778-7879. The Commercial Arbitration Rules of

the AAA will govern the arbitration. If you are an individual consumer and use the Microsoft

Hardware or Accessories for personal or household use, or if the value of the Dispute is

$75,000 or less, the Supplementary Procedures for Consumer-Related Disputes of the AAA

will also apply. If the AAA rules or procedures conflict with the provisions of this warranty,

the provisions of this warranty will govern. You may request a telephonic or in-person

hearing by following the AAA rules and procedures. Where the value of a Dispute is $10,000

or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an

in-person hearing instead. The arbitrator has the power to make any award of damages to

the individual party asserting a claim that would be available to a court of law. The arbitrator

may award declaratory or injunctive relief only in favor of the individual party asserting a

claim, and only to the extent required to provide relief on that party’s individual claim. In

a Dispute involving $75,000 or less, Microsoft will promptly reimburse your filing fees, and

pay the AAA administrative fees and the arbitrator’s fees and expenses, incurred in any

arbitration you commence against Microsoft unless the arbitrator finds it frivolous or brought

for an improper purpose. Microsoft will pay all filing and AAA administrative fees, and the

arbitrator’s fees and expenses, incurred in any arbitration Microsoft commences against

you. If a Dispute involving $75,000 or less proceeds to an award at the arbitration after you

reject the last written settlement offer Microsoft made before the arbitrator was appointed

(“Microsoft’s Last Written Offer”), and the arbitrator makes an award in your favor greater

than Microsoft’s Last Written Offer, Microsoft will pay you the greater of the award or $5,000,

plus twice your reasonable attorney’s fees, if any, and reimburse any expenses (including

expert witness fees and costs) that your attorney reasonably accrues for investigating,

preparing, and pursuing your claim in arbitration, as determined by the arbitrator or

agreed to by you and Microsoft. In any arbitration you commence, Microsoft will seek its

AAA administrative fees or arbitrator’s fees and expenses, or your filing fees it reimbursed,

only if the arbitrator finds the arbitration frivolous or brought for an improper purpose.

Microsoft will not seek its attorney’s fees or expenses from you. In a Dispute involving

more than $75,000, the AAA rules will govern payment of filing and AAA administrative

fees and arbitrator’s fees and expenses. Fees and expenses are not counted in determining

how much a Dispute involves. To commence arbitration, submit the form available at

http://go.microsoft.com/fwlink/?linkid=245497 to the AAA. You agree to commence

arbitration only in your county of residence or in King County, Washington. Microsoft agrees

to commence arbitration only in your county of residence.

(g)  Claims or Disputes Must be Filed Within One Year. To the extent permitted by law, any claim

or Dispute under this warranty must be filed within one year in small claims court (Section

8(c)), an arbitration proceeding (Section 8(d)), or in court, if Section 8 permits the Dispute

to be filed in court instead of arbitration. The one-year period begins when the claim or

Notice of Dispute first could be filed. If a claim or Dispute is not filed within one year, it is

permanently barred.

(h)  Severability. If the class action waiver in Section 8(e) is found to be illegal or unenforceable as

to all or some parts of a Dispute, then it will not apply to those parts. Instead, those parts will

be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

If any other provision of this Section 8 (arbitration) is found to be illegal or unenforceable, that

provision will be severed with the remainder of this Section 8 remaining in full force

and effect.

Microsoft’s address in the United States: Microsoft Corporation, One Microsoft Way, Redmond,

WA 98052

Microsoft’s address in Canada: Microsoft Canada Inc., 1950 Meadowvale Blvd., Mississauga, Ontario,

L5N 8L9