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Product Warranty: Xbox 360 Video Game and Entertainment System

PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS! YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY, INCLUDING THE SOFTWARE LICENSE IN SECTION G BELOW, TO USE YOUR XBOX 360. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT SET UP OR USE YOUR XBOX 360; INSTEAD, RETURN IT TO MICROSOFT FOR A REFUND OF THE PRICE YOU PAID, TAX AND SHIPPING CHARGES.

LIMITED WARRANTY
The term "Xbox Product" means, depending on the context below, either: (i) the Microsoft Xbox 360™ Video Game System console including (when considered as a whole) the Microsoft software stored on the separate Xbox 360 hard disk and/or embedded in microprocessors within the Xbox 360 console ("Console"), or (ii) Microsoft branded Xbox 360-compatible hardware accessories manufactured by or for Microsoft, whether included with the Console or purchased separately ("Accessories"). The term "Warranty Period" means: (i) as applied to the Console, a period of one year (three years for conditions that cause three lights on the ring of light on the front of the Console to flash red) starting as of the date of your sales receipt for the purchase of the Console, or (ii) as applied to an Accessory, a period of 90 days starting as of the date of your sales receipt for the purchase of the Accessory (unless a separate written express warranty is packaged with the particular Accessory).

A. WARRANTIES

• One Year Express Warranty on Console (Three Years for Three Lights Flashing Red). Subject to the terms and conditions of this Limited Warranty, Microsoft warrants to you only (the original retail purchaser) that, during the Warranty Period and under normal use and service, the Xbox® Console will substantially conform with the printed user instruction materials packaged with the Console.
• 90 Day Express Warranty on Accessories. Subject to the terms and conditions of this Limited Warranty, Microsoft warrants to you only (the original retail purchaser) that, during the Warranty Period and under normal use and service, the Accessory will substantially conform with the printed user instruction materials packaged with the Console or Accessory (unless a separate written express warranty is packaged with the particular Accessory).
• Implied Warranty. You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to you.

As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind.

B. OBTAINING WARRANTY SERVICE

To receive instructions for obtaining repair or replacement warranty services you must call:Within the U.S., U.S. Territories and Canada: 1-800-4MY-XBOX (1-800-469-9269); TTY users: 1-866-740-XBOX (1-866-740-9269).

You must also:

1. Submit proof of purchase in the form of a bona fide, dated bill of sale, receipt, or invoice (or a copy) evidencing that your request for service is made within the Warranty Period.
2. Follow Microsoft's shipping and other instructions if it determines that all or part of your Xbox Product requires return for repair or replacement. To obtain the warranty service, you must take or deliver the Xbox Product in suitable packaging that provides an adequate degree of protection against damage during transit, to the location specified by Microsoft. Except as otherwise required by legislation in your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at your expense.
3. Delete or remove any files or data you consider private or confidential before sending the Xbox Product to Microsoft. Copy and keep any files or data stored on the Xbox Product that you don't want to lose.

Failure to follow the above instructions may result in delays, cause you to incur additional charges, or void your warranty.

C. EXCLUSIVE REMEDY

During the Warranty Period and subject to applicable law, Microsoft will, at its option and as your exclusive remedy for breach of this Limited Warranty or any implied warranties:

• Repair or replace a defective Xbox Product, or
• Following return of your Xbox Product, make payment to you for the allowable damages that you incur in reasonable reliance but only up to the amount of the purchase price that you paid for your Xbox Product. This refund may include a deduction for depreciation based on your actual use.
• Any replacement parts or Xbox Product will be new or refurbished or serviceably used, comparable in function and performance to the original part or Xbox Product and warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the Xbox Product back to you, whichever is longer.
• YOU AGREE THAT MICROSOFT IS NOT LIABLE TO YOU FOR ANY LOSS OF YOUR DATA RESULTING FROM MICROSOFT'S REPAIR OR REPLACEMENT OF YOUR XBOX PRODUCT.
• After the Warranty Period has expired, Microsoft may charge you a fee for its efforts to diagnose and service any Xbox Product-related problems.
• Microsoft will use commercially reasonable efforts to diagnose and attempt to correct, or suggest solutions for, Xbox Product defects that are covered by this Limited Warranty.

MICROSOFT DOES NOT PROVIDE ANY WARRANTIES REGARDING ITS WARRANTY SERVICES AND, EXCEPT FOR THE PRECEDING SENTENCE, DISCLAIMS ALL DUTIES (IF ANY) OF WORKMANLIKE EFFORT OR OF REASONABLE CARE.

D. NO OTHER WARRANTIES

The express warranty stated in Section A above is the only express warranty made to you and is provided in lieu of all other express or implied warranties and conditions (if any) including any created by any other statements, documentation or packaging. No other warranties or conditions are made with respect to the Xbox Product or the warranty services by any person, including but not limited to Microsoft and its suppliers. No other information (oral or written) or suggestions given by Microsoft, its agents or suppliers or its or their employees, shall create a warranty or condition or expand the scope of this Limited Warranty. Also, there is no warranty or condition of title, quiet enjoyment, or non-infringement in the Xbox Product. You may have greater rights existing under legislation in your jurisdiction. Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect.

E. EXCLUSIONS FROM LIMITED WARRANTY

This Limited Warranty shall not apply and Microsoft has no liability under this Limited Warranty if the Xbox Product:

• is used with products not sold or licensed by Microsoft (including, but not limited to, non-licensed games and game enhancement devices, adaptors and power supply sources) or which are otherwise incompatible;
• is used for commercial purposes (including rental or lease);
• is modified or tampered with;
• is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, or other causes unrelated to defective materials or workmanship;
• serial number is defaced, altered or removed;
• is damaged by programs, data, viruses, or files, or during shipments;
• is not used in accordance with the printed user instruction materials packaged with the Xbox Product; or
• is repaired, modified or altered by other than Microsoft authorized repair centers.

This Limited Warranty does not cover your data, any separate software or Xbox games whether or not packaged or included with the Xbox Product, or any accessories or peripheral devices that are not manufactured by or for Microsoft.

F. EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND CERTAIN OTHER DAMAGES and LIMITATION OF LIABILITY

TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT IS NOT LIABLE FOR ANY:

(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;

(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE XBOX PRODUCT, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF REASONABLE CARE OR OF WORKMANLIKE EFFORT); OR

(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF RELATING IN ANY WAY TO THE XBOX PRODUCT. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON; AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of such damages, so the above limitations or exclusions may not apply to you.

G. ADDITIONAL CONDITIONS

• The software included in the Xbox Product is licensed to you, not sold. You are licensed to use such software only in your Xbox Product and you may not reverse engineer it, except as expressly permitted by applicable law notwithstanding this limitation.
• Your Xbox Product and its internal components are new pursuant to industry standards, unless otherwise indicated on the Xbox Product retail packaging as "Refurbished."
• You agree to comply with all applicable export laws and regulations if you export the Xbox Product outside of the United States or Canada.
• This Limited Warranty applies to the original retail purchaser only and may not be assigned or transferred. However, some jurisdictions extend the protection of implied warranties to subsequent consumers and therefore this limitation may not apply to you.
• Attempting to defeat or circumvent the Xbox Product security or anti-piracy protection system may cause your Xbox Product to stop working permanently. It will also void your Limited Warranty, and may make your Xbox Product ineligible for authorized repair, even for a fee.

H. GOVERNING LAW

This Limited Warranty is valid only in the United States of America and Canada. If you acquired the Xbox Product in the United States, the laws of the State of Washington, U.S.A., will apply to this Limited Warranty. The laws of your state of residence will apply to any tort claims and/or any claims under any consumer protection statutes.  

If you acquired the Xbox Product in Canada, except where expressly prohibited by local law, the laws in force in the Province of Ontario, Canada, will apply.

I. QUESTIONS?

Within the U.S. and U.S. Territories, please see www.xbox.com or call the Xbox Customer Support number: 1-800-4MY-XBOX (1-800-469-9269); TTY users: 1-866-740-XBOX (1-866-740-9269).

This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.