Terms and Conditions
We agree to use commercially reasonable efforts to provide the services you purchase as described on the services Web site (otherwise known as the “customer services guide”). The Web site URL for the customer services guide is: http://support.microsoft.com. If the URL changes for any reason, we will provide the new URL to you upon your request.
Your use of the services is governed by this agreement and the customer services guide, which is hereby incorporated by reference into this agreement. In the event of a conflict between this agreement and the customer services guide, this agreement will apply.
Our ability to deliver the services depends upon your full and timely cooperation, as well as the accuracy and completeness of any information you provide.
The terms and conditions of this agreement are confidential, and any and all information identified by either party as “confidential” and/or “proprietary”, or which, under all of the circumstances, ought reasonably to be treated as confidential and/or proprietary (“confidential information”), will not be disclosed by the receiving party to any third person without the express consent of the other party except under the terms of this agreement for five (5) years following the date of its disclosure. These confidentiality obligations shall not apply to any information which,
(i) became known to receiving party from a source other than disclosing party other than by the breach of an obligation of confidentiality owed to disclosing party,
(ii) is, or becomes, available to the general public other than through a breach by the receiving party,
Or (iii) is developed through the independent efforts of the receiving party.
We may disclose your confidential information to our consultants or subcontractors only on a need-to-know basis to further the purposes of the agreement and subject to the confidentiality obligations imposed here. We may use any technical information we derive from providing services related to our products for problem resolution, troubleshooting, product functionality enhancements and fixes, and for our knowledge base. We agree not to identify you or disclose any of your confidential information in any item in the knowledge base.
- No warranty. To the maximum extent permitted by applicable law, we disclaim and exclude all representations, warranties, and conditions whether express, implied or statutory, including but not limited to representations, warranties, or conditions of title, non-infringement, satisfactory condition or quality, merchantability and fitness for a particular purpose, with respect to any services, or other materials or information provided by us.
- Application of local laws. If applicable law gives you any implied terms, despite the exclusions and limitations in this agreement, then to the extent permitted by applicable law, your remedies are limited as determined by us, in the case of services to either
(i) re-supply of the services
Or (ii) the cost of the re-supply of the services (if any), and in the case of goods to either
(i) replacement of the goods
Or (ii) correction of defects in the goods.
The order in which these limited remedies are provided will be determined by us.
Limitation of liability, exclusions.
To the maximum extent permitted by applicable law:
1) our total liability is limited to the amount you have paid for the services regardless of the reason for your claim.
2) neither party will be liable to the other party for any consequential, special, indirect, or incidental damages loss of profits or loss of business, for any matter related to this agreement, any services, or any other materials or information we provide, even if advised of the possibility of such damages or if such possibility was reasonably foreseeable,
And 3) in the event services or any services are provided to you free of charge, our total liability to you will not exceed us$5.00 or its equivalent in local currency. This exclusion of liability does not apply to either party’s liability to the other for violation of its confidentiality obligation, the other party’s intellectual property rights, or in the event of fraud, gross negligence or intentional misconduct or for death or personal injury caused by that party’s negligence. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.