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B-12 5E6155 January 10, 2006
Warranty and Limitation of Liability
Warranty and Special
Provisions for Austria, New
Zealand or Papua New
Guinea - Express Limited
Warranty
CONSUMER RIGHTS. CONSUMERS MAY 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 CERTAIN
LIABILITY MAY NOT BE EXCLUDED.
LIMITED EXPRESS WARRANTY. Manufacturer warrants that: (a) the
SOFTWARE will perform substantially in accordance with the accompanying
Product Manual(s) for a period of 90 days from the date of receipt; and
(b) any Microsoft hardware accompanying SOFTWARE will be free from
defects in materials and workmanship under normal use and service for a
period of 1 year from the date of receipt.
CUSTOMER REMEDIES. To the maximum extent permitted under
applicable law, Manufacturer's and its supplier's entire liability and your
exclusive remedy under the express warranty is, at Manufacturer's option,
either (a) return of the price paid; or (b) repair or replacement of the
SOFTWARE or Microsoft hardware which does not meet the warranty and
which is returned to Manufacturer with a copy of your receipt. The
warranty is void if failure of the SOFTWARE or Microsoft hardware has
resulted from accident, abuse or misapplication. Any replacement
SOFTWARE and/or Microsoft hardware will be warranted for the remainder
of the original warranty period or 30 days, whichever is longer.
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