Surface RTの取扱説明書・マニュアル [全16ページ 1.41MB]
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89(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 exclusionsMicrosoft 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, modiied, 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 TermsIf 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 LawThe 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 conlict of law principles.8. Binding arbitration and class action Waiver for U. s. residents(a) Application. This section applies to any dispute eXcePT iT does noT incLUde a disPUTe reLaTing To THe enforceMenT or VaLidiTy of yoUr, MicrosofT’s, or eiTHer 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 Microsoft corporation, aTTn: Lca 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 irst. (d) Binding Arbitration. if you and Microsoft do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be inal 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. any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. neither you nor Microsoft will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. no arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.(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 conlict 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 inds 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 iling 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 inds it frivolous or brought for an improper purpose. Microsoft will pay all iling 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 iling fees it reimbursed, only if the arbitrator inds 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 iling 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 iled 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 iled in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute irst could be iled. If a claim or Dispute is not iled 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.9. 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 98052Microsoft’s address in Canada: Microsoft Canada Inc., 1950 Meadowvale Blvd., Mississauga, Ontario, L5N 8L9
