Product Warranty and Software License: Xbox 360 E Console
BY USING YOUR XBOX 360E, KINECT FOR XBOX SENSOR or Accessory, YOU AGREE TO THIS WARRANTY. BEFORE SETTING IT UP, PLEASE READ THIS WARRANTY CAREFULLY. IF YOU DO NOT ACCEPT THIS WARRANTY, DO NOT USE YOUR XBOX 360 E, KINECT SENSOR OR ACCESSORY. RETURN IT UNUSED TO YOUR RETAILER OR MICROSOFT FOR A REFUND. Contact Microsoft at http://www.support.xbox.com or call the Xbox customer service number for the country of your residence, listed at http://www.support.xbox.com.
This warranty gives You specific legal rights. You may also have other rights which vary from country to country, state to state or province to province. This warranty is applicable to the extent permitted by law.
“Xbox 360E” means a new Xbox 360E console purchased from an authorized retailer.
“Kinect Sensor” means a new Kinect for Xbox sensor purchased from an authorized retailer.
“Accessory” means a new Microsoft branded Xbox 360E accessory purchased from an authorized retailer.
"Warranty Period" for Xbox 360E and/or Kinect Sensor means one (1) year from the date You purchased it; and for Accessories, means 90 days from the date You purchased it.
“You” means the original end-user.
“Normal Use Conditions” means ordinary consumer use under normal home conditions according to the instruction manual for the Xbox 360E, Kinect Sensor or Accessory.
During the Warranty Period, Microsoft warrants, only to You, that the Xbox 360E, Kinect Sensor or Accessory will not malfunction under Normal Use Conditions.
This is the only warranty Microsoft gives for Your Xbox 360E, Kinect Sensor or Accessory and Microsoft gives no other guarantee, warranty, or condition. No one else may give any guarantee, warranty, or condition on Microsoft’s behalf.
IF YOUR STATE’S OR PROVINCE’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, states or provinces do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to You.
Before sending Your Xbox 360E, Kinect Sensor or Accessory to an authorized Microsoft service center for service, be sure to keep a copy of any data You want to save, and delete anything You consider confidential. Microsoft is not responsible for Your data and may erase it.
After You return Your Xbox 360E, Kinect Sensor or Accessory to Microsoft, Microsoft will inspect it.
If Microsoft determines that the Xbox 360E, Kinect Sensor or Accessory malfunctioned during the Warranty Period under Normal Use Conditions, Microsoft may repair or replace it, or refund the purchase price to You. Repair may use new or refurbished parts. Replacement may be with a new or refurbished unit (in good condition, and with comparable functionality and performance as the original Xbox 360E product or Accessory).
After repair or replacement, Your Xbox 360E, Kinect Sensor or Accessory will be covered by this warranty for the greater term of either the remainder of Your original Warranty Period, or 95 days after Microsoft ships it to You.
MICROSOFT’S RESPONSIBILITY TO REPAIR OR REPLACE YOUR XBOX 360E, KINECT SENSOR OR ACCESSORY, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY.
If Your Xbox 360E, Kinect Sensor 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 360E, Kinect Sensor or Accessory.
This Limited Warranty does not apply and Microsoft is not responsible whatsoever under these warranty terms if Your Xbox 360E, Kinect Sensor or Accessory is:
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.);
used for commercial purposes (including, for example, rental, pay-per-play, etc.);
opened, modified, or tampered with (including, for example, any attempt to defeat any Xbox 360E, Kinect Sensor or Accessory technical limitation, security, or anti-piracy mechanism, etc.), or its serial number is altered or removed;
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 360E, Kinect Sensor or Accessory); or
repaired by anyone other than Microsoft.
EXCLUSION OF CERTAIN DAMAGES
MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE YOUR Xbox 360E, Kinect Sensor or Accessory. THESE EXCLUSIONS APPLY EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some countries, states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to You.
If You attempt to defeat or circumvent any Xbox 360E, Kinect Sensor or Accessory technical limitation, security, or anti-piracy system, You may cause Your Xbox 360E, Kinect Sensor or Accessory to stop working permanently. You will also void Your Warranty, and make Your Xbox 360E, Kinect Sensor or Accessory ineligible for authorized repair, even for a fee.
Choice of Law
The law of your country of residence governs the interpretation of this warranty and any claim that Microsoft has breached it, regardless of conflict of law principles.
This warranty is valid only in the following countries: Bahamas, Belize, Bolivia, Cayman Islands, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Panama, Paraguay, Peru, Trinidad and Tobago, Turks and Caicos, Uruguay and Venezuela.
The Software License for your Xbox 360E, Kinect for Xbox Sensor or Accessory is available at http://www.xbox.com/sla. By using your Xbox 360E, Kinect for Xbox Sensor or Accessory, you agree to this Software License. Before setting it up, please read the Software License carefully. If you do not accept the Software License, do not use your Xbox 360E, Kinect for Xbox Sensor or Accessory. Return it unused to the retailer where you purchased your Xbox 360E, Kinect for Xbox Sensor or Accessory or to Microsoft for a refund.