Zune Warranty - Refurbished

THIS WARRANTY IS THE ONLY WARRANTY THAT APPLIES TO REFURBISHED ZUNE PRODUCTS. THE NEW ZUNE PRODUCT WARRANTY IN THE PRODUCT MANUAL DOES NOT APPLY.

Warranty -Refurbished - United States

PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS! YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY TO USE YOUR ZUNE PRODUCT. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT SET UP OR USE YOUR ZUNE PRODUCT; INSTEAD RETURN IT TO MICROSOFT FOR A REFUND OF THE PRICE YOU PAID, TAX, AND SHIPPING CHARGES.

LIMITED WARRANTY FOR REFURBISHED ZUNE PRODUCTS
The term "Zune Product" means the Microsoft Zune device, including (when considered as a whole) the Microsoft software embedded in microprocessors within the Zune and Zune-compatible hardware manufactured by or for Microsoft, whether included with the Zune device or purchased separately.

A. WARRANTIES.

  • 90 Day 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 Zune Product will substantially conform with the printed user instruction materials packaged with the Zune Product for a period of 90 days starting as of the date of your sales receipt (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 sign in at www.zune.net/repair.

You must also:

  1. 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.
  2. Follow Microsoft's shipping and other instructions if it determines that all or part of your Zune Product requires return for repair or replacement. To obtain the warranty service, you must take or deliver the Zune Product in suitable packaging that provides an adequate degree of protection against damage during transit to the location specified by Microsoft. Except as otherwise required by legislation in your jurisdiction, costs associated with transport (including packaging) for warranty service will be at your expense.
  3. Delete or remove any files or data you consider private or confidential before sending the Zune Product to Microsoft. Copy and keep any files, data, or content stored on the Zune Product that you don't want to lose.

Failure to follow the above instructions may result in delays, cause you to incur additional charges, or 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 Zune Product, or
  • Following return of your Zune Product, make payment to you for the allowable damages that you incur in reasonable reliance but only up to the amount of the purchase price that you paid for your Zune Product. This refund may include a deduction for depreciation based on your actual use.
  • Any replacement parts or Zune Product will be new or refurbished or serviceably used, comparable in function and performance to the original part or Zune Product, and warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the Zune Product back to you, whichever is longer.
  • YOU AGREE THAT MICROSOFT IS NOT LIABLE TO YOU FOR ANY LOSS OF YOUR FILES, DATA, OR CONTENT RESULTING FROM MICROSOFT'S REPAIR OR REPLACEMENT OF YOUR ZUNE PRODUCT.
  • After the Warranty Period has expired, Microsoft may charge you a fee for its efforts to diagnose and service any Zune Product-related problems.
  • Microsoft will use commercially reasonable efforts to diagnose and attempt to correct, or suggest solutions for, Zune Product defects that are covered by this Limited Warranty. MICROSOFT DOES NOT PROVIDE ANY WARRANTIES REGARDING ITS WARRANTY SERVICES AND, EXCEPT FOR THE PRECEDING SENTENCE, DISCLAIMS ALL DUTIES (IF ANY) OF WORKMANLIKE EFFORT OR OF REASONABLE CARE.

D. NO OTHER WARRANTIES.

The express warranty stated in Section A 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 statements, documentation or packaging. No other warranties or conditions are made with respect to the Zune Product or the warranty services by any person, including but not limited to Microsoft and its suppliers. No other information (oral or written) or suggestions given by Microsoft, its agents or suppliers, or its or their employees, will create a warranty or condition or expand the scope of this Limited Warranty. Also, there is no warranty or condition of title, quiet enjoyment, or non-infringement in the Zune Product. You may have greater rights existing under legislation in your jurisdiction. Where any term of this Limited Warranty is prohibited by such laws, it will be null and void, but the remainder of the Limited Warranty will remain in full force and effect.

E. EXCLUSIONS FROM LIMITED WARRANTY.

This Limited Warranty will not apply and Microsoft has no liability under this Limited Warranty if the Zune Product:

  • suffers scratches, cracks, or other cosmetic damage as a result of normal wear and tear and/or accident or abuse;
  • is used with non-Microsoft hardware products or software not licensed by Microsoft (including but not limited to adaptors and power supply sources) or which are otherwise not compatible;
  • is used for commercial purposes (including rental or lease);
  • is modified or tampered with;
  • is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, intrusion of or exposure to liquids, 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 not used in accordance with the printed user instruction materials packaged with the Zune Product; or
  • is opened, disassembled, repaired, modified, or altered by anyone other than Microsoft authorized repair centers.

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

F. EXCLUSION OF CONSEQUENTIAL, INCIDENTAL, AND CERTAIN OTHER DAMAGES and LIMITATIONOF 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, FILES, CONTENT, PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE ZUNE PRODUCT, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF REASONABLE CARE OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF RELATING IN ANY WAY TO THE ZUNE 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 such damages, so the above limitations or exclusions may not apply to you.

G. ADDITIONAL CONDITIONS.

The software developed for the Zune Product is licensed to you, not sold. You are licensed to use such software only in your Zune Product and you may not reverse engineer it, except as expressly permitted by applicable law notwithstanding this limitation.

  • You are solely responsible for your compliance with applicable copyright laws in your use of music and video content with the Zune Product.
  • Your Zune Product and its internal components are new pursuant to industry standards, unless otherwise indicated on the Zune Product retail packaging as "Refurbished."
  • You agree to comply with all applicable export laws and regulations if you export the Product outside of the United States.
  • This Limited Warranty applies to the original retail 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. GOVERNING LAW.

This Limited Warranty is valid only in the United States of America. Washington state law governs the interpretation of this Limited Warranty and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, implied warranty laws, and in tort.

I. QUESTIONS?

Please see www.zune.net/support.

ZUNE Attn: Warranty
Microsoft Corporation
One Microsoft Way
Redmond, WA 98052

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

COPYRIGHT

© 2009 Microsoft Corporation. All rights reserved.

Microsoft, Windows, Zune, and the Zune logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. All other trademarks are property of their respective owners.

This product incorporates copyright protection technology that is protected by method claims of certain U.S. patents and other intellectual property rights owned by Macrovision Corporation and other rights owners. Use of this copyright protection technology must be authorized by Macrovision Corporation. Reverse engineering or disassembly is prohibited.

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