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15. RESTRICTED USE. The Microsoft
software was designed for systems that do
not require fail-safe performance. You may
not use the Microsoft software in any
device or system in which a malfunction of
the software would result in foreseeable risk
of injury or death to any person. This
includes operation of nuclear facilities,
aircraft navigation or communication
systems and air traffic control.
16. NO WARRANTIES FOR THE
SOFTWARE. The software is provided "as
is". You bear all risks of using it. Microsoft
gives no express warranties, guarantees or
conditions. Any warranties you receive
regarding the device or the software do not
originate from, and are not binding on,
Microsoft or its affiliates. When allowed by
your local laws, Company and Microsoft
exclude implied warranties of
merchantability, fitness for a particular
purpose and non-infringement.
17. LIABILITY LIMITATIONS. You can recover
from Microsoft and its affiliates only direct
damages up to fifty U.S. Dollars (U.S.
$50.00), or equivalent in local currency. You
cannot recover any other damages,
including consequential, lost profits,
special, indirect or incidental damages.
This limitation applies to:
• anything related to the software,
services, content (including code) on
third party internet sites, or third party
programs, and
• claims for breach of contract, breach of
warranty, guarantee or condition, strict
liability, negligence, or other tort to the
extent permitted by applicable law.
It also applies even if Microsoft should have
been aware of the possibility of the
damages. The above limitation may not
apply to you because your country may not
allow the exclusion or limitation of
incidental, consequential or other
damages.