Liability Disclaimer
THE PURCHASE IS SOLD "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR ALL RISK OF USING IT. THE PURCHASE PROVIDER, ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE PURCHASE IS DISTRIBUTED, AND ITS AND THEIR RESPECTIVE AFFILIATES, VENDORS, AGENTS, AND SUPPLIERS ("DISTRIBUTORS"), GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE PURCHASE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, DISTRIBUTORS EXCLUDE ANY IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, YOU CAN RECOVER FROM THE PURCHASE PROVIDER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE PURCHASE. YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES FROM ANY DISTRIBUTOR.
This limitation applies to: anything related to the PURCHASE, services made available through the PURCHASE, or content (including code) on third party Internet sites; and to claims for breach of contract; breach of warranty, guarantee or condition; or strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if repair, replacement, or a refund for the PURCHASE does not fully compensate you for any losses; or Distributor knew or should have known about the possibility of the damages.