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Warranty and Limitation of Liability
January 10, 2006 5E6155 B-13
(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 and 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