Surface RTの取扱説明書・マニュアル [全27ページ 2.01MB]
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895. 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
