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4. Microsoft’s Responsibility
(a) After You return Your Xbox 360 S or Accessory to
Microsoft, Microsoft will inspect it.
(b) If Microsoft determines that the Xbox 360 S or
Accessory malfunctioned during the Warranty Period
under Normal Use Conditions, Microsoft will (at its
option) repair or replace it, or refund the purchase
price to You. Repair may use new or refurbished parts.
Replacement may be with a new or refurbished unit.
(c) After repair or replacement, Your
Xbox 360 S or Accessory will be covered by this
warranty for the longer of the remainder of Your
original Warranty Period, or 95 days after Microsoft
ships it to You.
(d) MICROSOFT’S RESPONSIBILITY TO REPAIR OR
REPLACE YOUR XBOX 360 S OR ACCESSORY, OR TO
REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE
REMEDY.
(e) If Your Xbox 360 S 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 with Your Xbox
360 S or Accessory.
5. Warranty Exclusions
Microsoft is not responsible and this warranty does not
apply if Your Xbox 360 S or Accessory is:
(a) used with products not sold or licensed by Microsoft
(including “pirated” games and accessories not
manufactured or licensed by Microsoft);
(b) used for commercial purposes (including rental, pay-
per-play, etc.);
(c) opened,modied,ortamperedwith(includingany
attempt to defeat any Xbox 360 S or Accessory
security or anti-piracy mechanism), or its serial
number is altered or removed;
(d) damaged by any external cause (including
inadequate ventilation, or other failure to follow
instructions in
the printed user instruction manual packaged with
the Xbox 360 S or Accessory); or
(e) repaired by anyone other than Microsoft.
6. 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 XBOX 360 S 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.
7. Additional Terms
(a) The software in the Xbox 360 S or Accessory is
licensed, not sold. You are licensed to use the
software only in your Xbox 360 S or Accessory and
you may not reverse engineer it.
(b) If You attempt to defeat or circumvent the Xbox
360 S or Accessory security or anti-piracy system,
You may cause Your Xbox 360 S or Accessory to
stop working permanently. You will also void your
Warranty, and make your Xbox 360 S or Accessory
ineligible for authorized repair, even for a fee.
8. Choice of Law
(a) If you acquired Your Xbox 360 S or Accessory in the
United States, Washington State law governs the
interpretation of this warranty and any claim that
Microsofthasbreachedit,regardlessofconictof
law principles.
(b) If you acquired Your Xbox 360 S or Accessory
in Canada, Ontario Provincial law governs the
interpretation of this warranty and any claim that
Microsofthasbreachedit,regardlessofconictof
law principles.
(c) The laws of the State or Province where you live
govern all other claims (including consumer
protection, unfair competition, implied warranty, and
tort claims).
(d) This Warranty is valid only in the United States of
America and Canada.
Microsoft’s address in the United States: Microsoft
Corporation, One Microsoft Way, Redmond, WA 98052, USA
Microsoft’s address in Canada: Microsoft Canada Inc., 1950
Meadowvale Blvd., Mississauga, Ontario, L5N 8L9
