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TWOm User Guide - R1.0.2 - October 7, 2010 115
7. Termination
You agree that Microsoft or its service partners, in their sole discretion, may immediately terminate
the license to use the KIN Software (whether directly or through your mobile operator) at any time
without notice and for any reason, including but not limited to, if we believe that you have violated
any of the terms and conditions of this Agreement or your agreements with your mobile operator. You
agree that any termination of your right to use the KIN Software may be effected without prior notice,
and acknowledge and agree that, upon termination, Microsoft and its service partners may
immediately delete all related information, emails, contacts, files and other data in your account and/
or bar any further access to such files. Further, you agree that neither Microsoft nor its service
partners shall be liable to you for any termination of your access to the KIN Software hereunder.
8. NO WARRANTY
WE PROVIDE THE KIN SOFTWARE, INCLUDING ALL SERVICES, CONTENT AND OTHER
MATERIALS ACCESSED USING THE KIN DEVICE 'AS-IS,' 'WITH ALL FAULTS' AND 'AS
AVAILABLE.' WE DO NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION
AVAILABLE FROM THE KIN DEVICE. WE AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS
AND VENDORS (COLLECTIVELY, THE ' MICROSOFT PARTIES') GIVE NO EXPRESS
WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER
RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. WE
EXCLUDE ANY IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT.
9. Limitation of Liability
You can recover from the Microsoft Parties for all claims RELATED TO YOUR USE OF THE KIN
Software only direct damages up to a total, aggregate amount US$100. You cannot recover any other
damages, including consequential, lost profits, special, indirect, incidental or punitive damages.
This limitation applies to any type of claim including anything related to:
• The KIN Software, including all related software, sites, site content and services,
• Third-party content (including code) on third party Internet sites, third party programs or third-
party conduct,
• Viruses or other disabling features that affect your access to or use of the KIN Software,
• Incompatibility between the KIN Software and other services, software and hardware,
• Delays or failures you may have in initiating, conducting or completing any transmissions or
transactions in connection with the KIN Software in an accurate or timely manner, and
• Claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort.
It also applies even if:
• This remedy does not fully compensate you for any losses, or fails of its essential purpose; or