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ONEm User Guide - R1.0.2 - October 20, 2010 116
• Microsoft knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the
above limitations or exclusions may not apply to you. They also may not apply to you because your
province or country may not allow the exclusion or limitation of incidental, consequential or other
damages.
10. Interpreting the Contract
All parts of this Agreement apply to the maximum extent permitted by law. A court may hold that we
cannot enforce a part of this Agreement as written. If this happens, then you and we will replace that
part with terms that most closely match the intent of the part that we cannot enforce. The rest of this
Agreement will not change. This is the entire contract between you and us regarding your use of the
service. It supersedes any prior contract or statements regarding your use of the KIN Software. The
section titles in the Agreement do not limit the other terms of this contract.
11. Assignment
We may assign this Agreement, in whole or in part, at any time with or without notice to you. You
may not assign this Agreement, or any part of it, to any other person. Any attempt by you to do so is
void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the
KIN Software or any parts of the KIN Software.
12. No Third Party Beneficiaries
This Agreement is solely for your and our benefit. It is not for the benefit of any other person, except
for permitted successors and assigns under this contract.
13. Claim Must be Filed Within One Year
Any claim related to this Agreement or the KIN Software may not be brought unless brought within
one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in
time, then that claim is permanently barred. This applies to you and your successors. It also applies to
us and our successors and assigns.
14. Contracting Party, Choice of Law and Location for Resolving Disputes
If this Agreement is with Microsoft Corporation, Washington state law governs the interpretation of
this Agreement and applies to all claims and matters related to the KIN Software. If this contract is
with a Microsoft affiliate, all claims and matter related to the KIN Software will be subject to the laws
of the place of incorporation for such Microsoft affiliate, without reference to conflict of laws
principles. If this Agreement is with Microsoft Corporation, you and we irrevocably consent to the
exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all
disputes arising out of or relating to this Agreement. If this Agreement is with a Microsoft affiliate,
you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation
for such Microsoft affiliate for all disputes relating to this Agreement or the KIN Software.
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