Product Warranty and Software License: Original Xbox 360 Console

WARRANTY AND RETURN INFORMATION

PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS!

MICROSOFT’S LIMITED WARRANTY

The term “Xbox 360 Product” means:

1) the Microsoft Xbox 360 video game and entertainment system console including (when considered as a whole) its hardware and the Microsoft software stored on the separate Xbox 360 hard drive and embedded in microprocessors within the Xbox 360 console (“Xbox 360 Console”), and 2) “Microsoft” brand Xbox 360-compatible accessories devices, manufactured by or for Microsoft, whether included with the Xbox 360 video game and entertainment system or purchased separately (“Xbox 360 Accessories”).

A. WARRANTIES.

• Express Warranty. Subject to the terms and conditions of this Limited Warranty, Microsoft warrants to you only (the original purchaser), that under normal use and service, the Xbox 360 Product will substantially conform with the accompanying printed user instruction materials for a period of 1 year for the Xbox 360 Console (3 years for 3 lights flashing red) and 90 days for Xbox 360 Accessories starting from the date of purchase (the “Warranty Period”).
• Implied Warranty. You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to you.

As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind.

B. OBTAINING WARRANTY SERVICE.

To receive instructions for obtaining repair or replacement warranty services you must call the free Customer Service Hotline listed on the inside back cover of this manual for your country:

Or as otherwise designated on the package.

You must also:

• Submit proof of purchase in the form of a bona fide, dated bill of sale, receipt, or invoice (or a copy) evidencing that your request for service is made within the Warranty Period.
• Follow Microsoft’s instructions if it determines that all or part of your Xbox 360 Product requires return for repair or replacement. Microsoft will instruct you where to take the Xbox 360 Product in your area.
• Delete or remove any files or data you consider private or confidential prior to sending the Xbox 360 Product to Microsoft.

Failure to follow the above instructions may result in delays, cause you to incur additional charges, or may void your warranty.

C. EXCLUSIVE REMEDY.

During the Warranty Period and subject to applicable law, Microsoft will, at its option and as your exclusive remedy for breach of this Limited Warranty or any implied warranties repair or replace a defective Xbox 360 Product, or provide a refund (which refund may include a deduction for depreciation based on your actual use) based on the following terms:

• Any replacement parts or Xbox 360 Product will be 1) at Microsoft’s discretion, new or refurbished, comparable in functionality and performance to the original part or Xbox 360 Product and 2) warranted on the same terms as the original Xbox 360 Product for the remainder of the original Warranty Period or 30 days from the date you receive the replacement or repaired Xbox 360 Product, whichever is longer.
• YOU AGREE THAT MICROSOFT SHALL NOT BEAR ANY LIABLILITY FOR ANY LOSS OF YOUR DATA RESULTING FROM MICROSOFT’S REPAIR OR REPLACEMENT OF YOUR XBOX 360 PRODUCT.
• After the Warranty Period has expired, Microsoft may charge you a fee for its efforts to diagnose and service any Xbox 360 Product-related problems.

D. NO OTHER WARRANTIES.

The express warranty stated in Section A above is the only express warranty made to you and is provided in lieu of all other express or implied warranties and conditions (if any) including any created by any other documentation or packaging. No other warranties or conditions are made with respect to the Xbox 360 Product or the warranty services by any person, including but not limited to Microsoft and its suppliers. No information (oral or written) or suggestions given by Microsoft, its agents or suppliers or its or their employees, shall create a warranty or condition or expand the scope of this Limited Warranty. Also, there is no warranty or condition of title, non-infringement, or any other obligation in the Xbox 360 Product. You may have greater rights existing under legislation in your jurisdiction.

 

E. EXCLUSIONS FROM LIMITED WARRANTY.

This Limited Warranty shall not apply, and Microsoft has no liability under this Limited Warranty, if the Xbox 360 Product:

• is used with products not sold or licensed by Microsoft (including, but not limited to, non-licensed games or other software, accessories, game enhancement devices, modification chips, adaptors and power supply sources) or which are otherwise not compatible;
• is used for commercial purposes (including, but not limited to, rental or lease);
• is modified or tampered with (including, but not limited to, any opening of the casing, or removal or alteration of its labels);
• is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, use outside the country designated by Microsoft on the console, or other causes unrelated to defective materials or workmanship;
• serial number is defaced, altered or removed;
• is damaged by programs, data, viruses, or files, or during shipments;
• is sold by you to a third party;
• is not used in accordance with the accompanying documentation and use instructions; or
• is repaired, modified or altered by anyone other than Microsoft authorized repair centres.

This Limited Warranty does not cover your data, any separate software or Xbox games whether or not packaged or included with the Xbox 360 Product, or any Xbox accessories or peripheral devices that are not manufactured by or for Microsoft.

F. EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND CERTAIN OTHER DAMAGES and LIMITATION OF LIABILITY

TO THE FULL EXTENT ALLOWED BY LAW, MICROSOFT IS NOT LIABLE FOR ANY:

(i)    CONSEQUENTIAL OR INCIDENTAL DAMAGES;

(ii)   DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE XBOX 360 PRODUCT, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR

(iii)  INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE XBOX 360 PRODUCT.

THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES; EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON; AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such event, Microsoft’s liability shall never exceed the cost you paid for the particular Xbox 360 Product involved.

G. ADDITIONAL CONDITIONS.

• License: Software in and with the Xbox 360 Console is licensed to you, not sold. In addition the Xbox 360 Console and its separate hard drive incorporates various Microsoft and other 3rd party intellectual property rights which you are authorized to use only as set forth herein. You are licensed to use the Xbox 360 Product and its software together and you may not copy, transmit, circumvent the copy protection system or reverse engineer them, except as expressly permitted by applicable law notwithstanding this limitation. Commercial use, rental, pay for play or other public performance is strictly prohibited except where expressly authorized by written agreement from Microsoft.
• The Xbox 360 Console is for use only within the territory designated by Microsoft on the Xbox 360 Console.
• This Limited Warranty applies to the original purchaser only and may not be assigned or transferred. However, some jurisdictions extend the protection of implied warranties to subsequent consumers and therefore this limitation may not apply to you.

H. SEVERABILITY.

Where any term of this Limited Warranty is prohibited by operation of law or as adjudged by a court of competent jurisdiction, that term alone shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect.;

I. GOVERNING LAW.

This Limited Warranty is valid only in the territory designated by Microsoft on the Xbox 360 Console, whose respective laws shall apply.

J. QUESTIONS?

Please visit www.xbox.com/support.

This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.