Datasheet

the arbitration frivolous or brought for an improper purpose. If we start an arbitration, we

will pay all filing, AAA, and arbitrator’s fees and expenses. We won’t seek our attorney’s fees

or expenses from you in any arbitration. Fees and expenses are not counted in determining

how much a dispute involves.

f. Must file within one year. You and we must file in small claims court or to arbitrate any claim or

dispute (except intellectual property disputes – see Section 1010.a.) within one year from when

it first could be filed. Otherwise, it’s permanently barred.

g. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some

parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest

proceeding in arbitration. If any other provision of Section 10 is found to be illegal or

unenforceable, that provision will be severed but the rest of Section 10 still applies.

h. Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial

Arbitration Rules or Consumer Arbitration Rules.

i. Third-party beneficiaries. Microsoft and other Providers are not parties to this Agreement.

Microsoft and other Providers are, however, third-party beneficiaries of your Agreement with

Company to resolve disputes through informal negotiation and arbitration.

11. Warranty Disclaimer

a. The Services on your Device (including the Apps) are licensed “as is.” To the maximum extent

permitted by your local laws, you bear the entire risk as to the Services’ quality and

performance. Should the Services prove defective, you assume the entire cost of all servicing or

repair. Neither the Device manufacturer nor Microsoft gives any express warranties, guarantees,

or conditions for the Services. To the extent permitted under your local laws, the manufacturer

and Microsoft exclude all implied warranties and conditions, including those of merchantability,

quality, fitness for a particular purpose, and non-infringement. You may have additional

consumer rights or statutory guarantees under local laws that these terms cannot change.

b. If your local laws impose a warranty, guarantee, or condition even though this Agreement does

not, its term is limited to 90 days from when the first user accesses the Services on your Device.

If the manufacturer or Microsoft breaches such a warranty, guarantee, or condition, your sole

remedy, at the manufacturer’s or Microsoft’s election, is: (a) repair or replacement of the

Services at no charge, or (b) return of the Device on which the Services were installed (and from

which the Services are accessed) for a refund of the amount paid, if any. These are your only

remedies for breach of a warranty, guarantee, or condition your local laws impose.

c. Check with your Device manufacturer to obtain warranty service or to determine if your Device

is covered by a warranty from the Device manufacturer.

12. Limitation of Liability

a. To the extent not prohibited by your local laws, if you have any basis for recovering damages,

you can recover from the manufacturer or Microsoft only direct damages up to $100. You will

not, and waive any right to, seek to recover any other damages or remedy, including lost profits,

consequential, special, indirect, or incidental damages, or any direct damages in excess of the

above amount, under any part of this Agreement or under any theory. This limitation applies to:

(a) anything related to this Agreement, the Services (including the Apps), the Device, corruption

or loss of data, failure to transmit or receive data, or content (including code) on third party

internet sites or third party programs; and (b) claims for breach of contract, warranty,