XBOX 360 Manuel de l'utilisateur - Page 8

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e. eXCluSIonS from lImIteD Warranty

This Limited Warranty shall not apply and

Microsoft has no liability under this Limited

Warranty if the Xbox Product:

•

is used with products not sold or

licensed by Microsoft (including, but not

limited to, non-licensed games and game

enhancement devices, adaptors and

power supply sources) or which are

otherwise incompatible;

•

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, 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 Xbox Product; or

•

is repaired, modified or altered by other

than Microsoft authorized repair centers.

This Limited Warranty does not cover your

data, any separate software or Xbox games

whether or not packaged or included with the

Xbox Product, or any 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 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 XBOX 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 included in the Xbox

Product is licensed to you, not sold. You

are licensed to use such software only in

your Xbox Product and you may not

reverse engineer it, except as expressly

permitted by applicable law

notwithstanding this limitation.

•

Your Xbox Product and its internal

components are new pursuant to

industry standards, unless otherwise

indicated on the Xbox Product retail

packaging as "Refurbished."

•

You agree to comply with all applicable

export laws and regulations if you export

the Xbox Product outside of the United

States or Canada.

•

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.

•

Attempting to defeat or circumvent the

Xbox Product security or anti-piracy

protection system may cause your Xbox

Product to stop working permanently. It

will also void your Limited Warranty, and

may make your Xbox Product ineligible

for authorized repair, even for a fee.