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g.
Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute,
those parts won't be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other
provision of Section 9 is found to be illegal or unenforceable, that provision will be severed but the rest of Section
9 still applies.
h. Conflict with AAA rules. This agreement governs if it conflicts with the AAA's Commercial Arbitration Rules or
Consumer Arbitration Rules.
i.
Microsoft as party or third-party beneficiary. If Microsoft is the device manufacturer or if you acquired the
software from a retailer, Microsoft is a party to this agreement. Otherwise, Microsoft is not a party but is a third-
party beneficiary of your agreement with the manufacturer or installer to resolve disputes through informal
negotiation and arbitration.
9. Governing Law. The laws of the state or country where you live (or if a business where your principal place of
business is located) govern all claims and disputes concerning the software, its price, or this agreement, including
breach of contract claims and claims under state consumer protection laws, unfair competition laws, implied warranty
laws, for unjust enrichment, and in tort, regardless of conflict of law principles. In the United States, the FAA governs
all provisions relating to arbitration.
10. Consumer Rights, Regional Variations. This agreement describes certain legal rights. You may have other rights,
including consumer rights, under the laws of your state or country. You may also have rights with respect to the party
from which you acquired the software. This agreement does not change those other rights if the laws of your state or
country do not permit it to do so. For example, if you acquired the software in one of the below regions, or mandatory
country law applies, then the following provisions apply to you:
a.
Australia. References to "Limited Warranty" are references to the express warranty provided by Microsoft or the
manufacturer or installer. This warranty is given in addition to other rights and remedies you may have under law,
including your rights and remedies in accordance with the statutory guarantees under the Australian Consumer
Law.
In this section, "goods" refers to the software for which Microsoft or the manufacturer or installer provides the
express warranty. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably
foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure.
b. Canada. You may stop receiving updates on your device by turning off Internet access. If and when you
reconnect to the Internet, the software will resume checking for and installing updates.
c.
Germany and Austria.
(i) Warranty. The properly licensed software will perform substantially as described in any
(ii) Limitation of Liability. In case of intentional conduct, gross negligence, claims based on the
Subject to the preceding sentence, the manufacturer or installer, or Microsoft will only be liable for slight
negligence if the manufacturer or installer or Microsoft is in breach of such material contractual obligations, the
fulfillment of which facilitate the due performance of this agreement, the breach of which would endanger the
purpose of this agreement and the compliance with which a party may constantly trust in (socalled "cardinal
obligations"). In other cases of slight negligence, the manufacturer or installer or Microsoft will not be liable for
slight negligence.
d. Other regions. See (aka.ms/variations) for a current list of regional variations
11. Additional Notices.
a.
Networks, data and Internet usage. Some features of the software and services accessed through the
software may require your device to access the Internet. Your access and usage (including charges) may be
subject to the terms of your cellular or internet provider agreement. Certain features of the software may help
you access the Internet more efficiently, but the software's usage calculations may be different from your service
provider's measurements. You are always responsible for (i) understanding and complying with the terms of your
own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open
networks. You may use the software to connect to networks, and to share access information about those
networks, only if you have permission to do so.
b. H.264/AVC and MPEG-4 visual standards and VC-1 video standards. The software may include
H.264/MPEG-4 AVC and/or VC-1 decoding technology. MPEG LA, L.L.C. requires this notice:
Guide utilisateur XENTRY Diagnosis Kit 4 - GSP/ORE, version 09/2020 (valable jusqu'à résiliation)
Mercedes-Benz AG, Mercedesstr. 120, 70372 Stuttgart
Microsoft materials that accompany the software. However, the manufacturer or installer, and
Microsoft, give no contractual guarantee in relation to the licensed software.
Product Liability Act, as well as, in case of death or personal or physical injury, the
manufacturer or installer, or Microsoft is liable according to the statutory law.
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