1011reimburse 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 canadaMicrosoft’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 8L9WarranTyBy uSing your Surface purchaSed froM an auThoriZed reTailer (“MicroSofT hardWare”), or MicroSofT Branded acceSSory purchaSed froM an auThoriZed reTailer (“acceSSory”), you agree To ThiS WarranTy.Before uSing iT, pleaSe read ThiS WarranTy carefully. if you do noT accepT ThiS WarranTy, do noT uSe your MicroSofT hardWare or acceSSory. reTurn iT unuSed To your reTailer or MicroSofT for a refund. See www.microsoft.com/surface/warranty for more information.This warranty gives You speciic legal rights. You may also have other rights which vary from country to country. This warranty applies to the extent permitted by law and unless restricted or prohibited by law.1. Warranty(a) For one (1) year from the date You purchased Your Microsoft Hardware or Accessory from an authorized retailer (“Warranty Period”), Microsoft warrants, only to You, that the Microsoft Hardware or Accessory will not malfunction due to a defect in materials or workmanship under Normal Use Conditions.(b) is the only warranty Microsoft gives for Your Microsoft Hardware or Accessory. Microsoft gives no other guarantee, warranty, or condition. No one else may give any guarantee, warranty, or condition on Microsoft’s behalf.(c) IF YOUR COUNTRY’S LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS LIMITED TO THE WARRANTY PERIOD. Some countries do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to You. (d) other deinitions. “You” means the original end-user. “Normal Use Conditions” means ordinary consumer use under normal conditions according to the instruction manual. (e) In Australia, Your Microsoft Hardware or Accessory comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Your