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(b) If Microsoft determines that the Xbox One 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. Unless restricted by law, repair may use new or refurbished parts and
replacement may be with a new or refurbished unit.
(c) After repair or replacement, Your Xbox One 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. Where required by applicable law, the original Warranty Period will be deemed
to extend for the period of time equal to the time which Your Xbox One or Accessory was in
Microsoft’s possession.
(d) The following is not intended to limit the application of Section 10 of the Quebec Consumer
Protection Act, if such section is otherwise applicable. Microsoft’s RESPONSIBILITY to repair
or replace Your Xbox One or Accessory, or to refund the purchase price, is Your exclusive
remedy.
(e) If Your Xbox One 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 One or Accessory.
5. Warranty Exclusions
Microsoft is not responsible and this warranty does not apply if Your Xbox One or Accessory is:
(a) damaged by use with products not sold or licensed by Microsoft (including, for example,
games and accessories not manufactured or licensed by Microsoft, and “pirated” games, etc.);
(b) used for commercial purposes (including, for example, rental, pay-per-play, etc.);
(c) opened, modified, or tampered with (including, for example, any attempt to defeat any Xbox
One or Accessory technical limitation, security, or anti-piracy mechanism, etc.), or its serial
number is altered or removed;
(d) damaged by any external cause (including, for example, by being dropped, used with
inadequate ventilation, etc., or failure to follow instructions in the instruction manual for the
Xbox One or Accessory);
(e) scratched, dented, etc. or shows other cosmetic damage; or
(f) repaired by anyone other than Microsoft.
6. EXCLUSION OF CERTAIN DAMAGES
The following is not intended to limit the application of Section 10 of the Quebec Consumer
Protection Act, if such section is otherwise applicable. MICROSOFT IS NOT responsible FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY