Microsoft C3K1942 Media Dongle User Manual
- June 5, 2024
- Microsoft
Table of Contents
Microsoft C3K1942 Media Dongle
CLEANING & USAGE INSTRUCTIONS
Always handle your device with care to maintain its appearance. To clean, wipe the outer surface with a soft, lint-free cloth.
This symbol identifies safety and health messages in this Device Guide
WARNING: Read Safety & Health Info
Read this guide for important safety and health information and the terms of
the Limited Warranty that apply to the Microsoft® device that you have
purchased. Keep all printed guides for future reference. Failure to follow
instructions and properly set up, use, and care for this product can increase
the risk of serious injury or death, or damage to the device or devices. For
an on line version of this guide go to:
www.microsoft.com/support
Warning: Do Not Attempt Repairs
Do not attempt to take apart, open, service, or modify the product,
accessories, or power supply.
Doing so could present the risk of electric shock or other hazard. Any
evidence of any attempt to open and/or modify this device, including any
peeling, puncturing, or removal of any of the labels, will void the Limited
Warranty.
Warning: AC Adapter Safety
Failure to take the following precautions can result in serious injury or
death from electric shock or fire or in damage to the device. To select an
appropriate power source for your device:
- Use only the power supply unit and AC power cord that came with your device or that you received from an authorized Microsoft retailer.
- Do not use non-standard power sources, such as generators or inverters, even if the voltage and frequency appear acceptable. Only use AC power provided by a standard wall outlet.
- Do not overload your wall outlet, extension cord, power strip, or other electrical receptacle. Confirm that they are rated to handle the total current (in amps [A]) drawn by the device (indicated on the power supply unit) and any other devices that are on the same circuit.
- On devices where the AC prongs may be folded for storage, before plugging the AC adapter into a power outlet, make sure its prongs are fully extended.
- On devices where the AC prongs are removable and where the power supply uses a universal adapter, before plugging the AC adapter into a power outlet, make sure the prong assembly is of the proper configuration for the power outlet and fully seated into the adapter.
Caution: Cable and cord safety
Arrange all cables and cords so that people and pets are not likely to trip
over or accidentally pull on them as they move around or walk through the
area. Do not allow children to play with cables and cords.
To avoid damaging the power cords and power supply:
- Protect the power cords from being walked on.
- Protect cords from being pinched or sharply bent, particularly where they connect to the power outlet, the power supply unit, and the device.
- Do not jerk, knot, sharply bend, or otherwise abuse the power cords.
- Do not expose the power cords to sources of heat.
- Keep children and pets away from the power cords. Do not allow them to bite or chew on them.
- When disconnecting the power cords, pull on the plug-do not pull on the cord.
- If a power cord or power supply becomes damaged in any way, stop using it immediately.
- Unplug your device during lightning storms or when unused for long periods of time.
- For devices with an AC power cord that connects to the power supply, always connect the power cord according to the following instructions:
- Plug the AC power cord into the power supply until it seats fully.
- Plug the other end of the AC power cord into the wall outlet.
Warning: Battery Safety Information
This device contains a built-in battery, improper use of which may result in explosion. Do not heat, open, puncture, mutilate, or dispose of the product in fire. Do not leave the device in direct sunlight for an extended period of time, which could cause melting or battery damage. The battery in this device is not user replaceable and should only be replaced by Microsoft or a Microsoft Authorized Service Provider. See www.microsoft.com/support for additional details.
- Do not disassemble or open, crush, bend or deform, puncture or shred
- Do not modify or remanufacture, attempt to insert foreign objects into the battery, immerse or expose to water or other liquids, expose to fire, explosion or other hazard.
- Only use the battery with a charging system that has been qualified with the system per CTIA Certification Requirements for Battery System Compliance to IEEE 1725. Use of an unqualified battery or charger may present a risk of fire, explosion, leakage, or other hazard.
- Promptly dispose of used batteries in accordance with local regulations
- Avoid dropping the device or battery. If the device or battery is dropped, especially on a hard surface, and the user suspects damage, take it to a service center for inspection.
- Improper battery use may result in a fire, explosion or other hazard.
- This device shall only be connected to CTIA certified adapters, products that bear the USB-IF logo or products that have completed the USB-IF compliance program.
Warning: Use Near Water
To reduce the risk of fire or shock, do not use this device near water and do
not expose it to rain or moisture. Do not attempt to dry device with a hair
dryer or a microwave oven
Warning: Hearing Safety
Set the volume loud enough to hear clearly in quiet surroundings, and no
louder.
Do not increase the volume after you start listening. Your ears can adapt over
time so that
high volume sounds normal, but the high volume may still damage your hearing.
- Do not increase the volume to block out outside noise. The combination of outside noise and sound from your headphones can damage your hearing. Sealed or noise-canceling headphones can reduce outside noise so that you don’t have to turn up the volume.
If you can’t understand someone nearby speaking normally, turn down the volume. Sound that drowns out normal speech can damage your hearing. Even with sealed or noise canceling headphones, you should be able to hear nearby people speak.
Minimize Your Time Listening to Loud Sound
The more time you spend exposed to loud sound, the more likely you are to
damage your hearing. The louder the sound, the less time it takes to damage
hearing.
- Minimize your time listening to loud sound. At maximum volume, listening to music on the device with headphones can permanently damage your hearing in 15 minutes.
- Even lower volumes can damage hearing if you are exposed for many hours.
- All of the sound that you are exposed to during a day adds up. If you are exposed to other loud sound, it takes less time listening at high volumes to cause hearing damage.
- To safely use the device with no time limit, keep the volume low enough that you can carry on a conversation with people nearby.
Be Aware of Hearing Loss Symptoms
Stop using this device and have your hearing checked if you experience:
- Any hearing loss.
- You hear ringing in your ears.
- Your speech sounds muffled.
- Sound seems dull or flat.
Warning: Be Aware of Your Surroundings
In order to reduce the potential risk of injury due to distractions while
using this device, be careful and attentive while driving, riding a bicycle,
or walking. Use of the device alone or with headphones (even if used only in
one ear) while driving a vehicle or riding a bicycle is not recommended and is
illegal in some areas. Check an obey the laws and regulations on the use of
mobile devices in the areas where you drive or ride. Using a mobile device
while driving or riding may be distracting. Give full attention to driving or
riding and to the road. Always keep the volume low enough to hear people
talking and sounds that might indicate danger, like fire alarms.
Warning: Airbag Avoidance
For vehicles equipped with airbags, do not place the device or other objects
on or near the airbags. If an airbag deploys, objects placed on or near the
airbag could cause serious personal injury or even death.
Warning: Photosensitive Seizures
A very small percentage of people may experience a seizure when exposed to
certain visual images, including flashing lights or patterns that may appear
in video games. Even people who have no history of seizures or epilepsy may
have an undiagnosed condition that can cause these “photosensitive epileptic
seizures” while watching video games.
These seizures may have a variety of symptoms, including lightheadedness,
altered vision, eye or face twitching, jerking or shaking of arms or legs,
disorientation, confusion, or momentary loss of awareness.
Seizures may also cause loss of consciousness or convulsions that can lead to
injury from falling down or striking nearby objects.
Immediately stop playing and consult a doctor if you experience any of these
symptoms. Parents should watch for or ask their children about the above
symptoms – children and teenagers are more likely than adults to experience
these seizures. The risk of photosensitive epileptic seizures may be reduced
by taking the following precautions:
- Sit farther from the video screen.
- Use a smaller video screen.
- Play in a well-lit room.
- Do not play when you are drowsy or fatigued.
- If you or any of your relatives have a history of seizures or epilepsy, consult a doctor before playing.
Warning: Touch-Screen Glass
The touch screen on this device is made of glass. This glass could break if
the device is dropped on a hard surface or receives a significant impact. To
reduce the risk of cuts if the glass chips or cracks, do not touch or attempt
to remove the broken glass. Cracked or chipped glass due to misuse or abuse is
not covered under the product’s limited warranty
Warning: Choking Hazard
This device may contain small parts which may be a choking hazard to children
under 3. Keep small parts away from children.
Warning: Coin Cell Safety Notice
KEEP OUT OF REACH OF CHILDREN. DO NOT INGEST BATTERY, CHEMICAL BURN
HAZARD.
This product may contain coin/button cell batteries. If a coin/button cell
battery is swallowed, it can cause severe internal burns and perforation of
soft tissue in just 2 hours and can lead to serious injury or death. Keep new
and used ba1tteries away from children. If the battery compartment does not
close securely, stop using the product and keep it away from children. If you
think batteries might have been swallowed or placed inside any part of the
body, seek immediate medical attention. Coin batteries must be removed
immediately if swallowed.
Warning: Follow Instructions to Avoid Interference Problems
Turn off your mobile device in any location where posted notices instruct you
to do so. In an aircraft, turn off your device whenever instructed to do so by
airline staff, or prior to packing a wireless device in luggage. This device
offers an “airplane mode”. Please consult airline staff about using it in
flight.
Warning: Potentially Explosive Atmospheres
Areas with potentially explosive atmospheres are often, but not always, posted
and can include fueling areas, such as below decks on boats, fuel or chemical
transfer or storage facilities, or areas where the air contains chemicals or
particles, such as grain dust, or metal powders. When you are in such an area,
turn off your mobile device, and do not remove or install battery chargers, AC
adapters, or any other accessory. In such areas, sparks can occur and cause an
explosion or fire.
Caution: Parts of this device are magnetic
It may attract metallic materials. To reduce the potential risk of sparks,
verify the electrical connection area is free of metallic objects before
interconnecting devices. In order to reduce the likelihood of magnetic fields
interfering with compass readings, disrupting the proper operation of
pacemakers, or corrupting magnetically stored data, do not place credit cards
or other magnetic storage media or magnetically sensitive devices near this
device.
Caution: Personal Medical Devices
Radio-frequency emissions from electronic equipment can negatively affect the
operation of other electronic equipment, causing them to malfunction. Although
the device is designed, tested, and manufactured to comply with regulations
governing radio frequency emission in countries such as the United States,
Canada, the European Union, and Japan, the wireless transmitters and
electrical circuits in the device may cause interference in other electronic
equipment. Therefore, please take the following [precautions:
Pacemakers The Health Industry Manufacturers Association recommends that a
minimum separation of 15 cm (6 inches) be maintained between a wireless device
and a pacemaker to avoid potential interference with the pacemaker. Persons
with pacemakers:
- Should always keep the device more than 15 cm (6 inches) from the pacemaker when the wireless device is turned on.
- Should not carry in the breast pocket.
- If you have any reason to suspect that interference is taking place, turn the device off immediately.
Other Medical Devices
If you use any other personal medical device, consult the medical device
manufacturer or your physician to determine if it is appropriate for you to
use other electronic devices near your medical device.
Caution: Health Warning
Use of electronic input devices may be linked to serious injuries or
disorders. When using a computer, as with many activities, you may experience
occasional discomfort in your hands, arms, shoulders, neck, or other parts of
your body. However, if you experience symptoms such as persistent or recurring
discomfort, pain, throbbing, aching, tingling, numbness, burning sensation, or
stiffness, DO NOT IGNORE THESE WARNING SIGNS. PROMPTLY SEE A QUALIFIED HEALTH
PROFESSIONAL, even if symptoms occur when you are not working at your
computer. Symptoms like these can be associated with painful and sometimes
permanently disabling injuries or disorders of the nerves, muscles, tendons,
or other parts of the body.
These musculoskeletal disorders (MSDs) include carpal tunnel syndrome,
tendonitis, tenosynovitis, and other conditions. While researchers are not yet
able to answer many questions about MSDs, there is general agreement that many
factors may be linked to their occurrence, including: overall health, stress
and how one copes with it, medical and physical conditions, and how a person
positions and uses his or her body during work and other activities (including
use of a keyboard or mouse). The amount of time a person performs an activity
may also be a factor.
Some guidelines that may help you work more comfortably with your computer and
possibly reduce your risk of experiencing an MSD can be found in the “Healthy
Computing Guide” available at www.microsoft.com/support
Caution: Heat Related Concerns
The device may become very warm during normal use. The device complies with
the user-accessible surface temperature limits defined by the International
Standard for Safety of Information Technology Equipment (IEC 60950-1). To
reduce heat related concerns, follow these guidelines:
- Set up your device on a stable work surface that allows for adequate air circulation under and around the device.
- Use caution when operating your device on a pillow, blanket, or other soft material, because the material can block the airflow which may result in the device overheating.
- If your device is on your lap and gets uncomfortably warm, remove it from your lap and place it on a stable work surface.
REGULATORY INFORMATION
Disposal of Waste Batteries and Electrical & Electronic Equipment
This symbol on the product or its batteries or its packaging means that this
product and any batteries it contains must not be disposed of with your
household waste. Instead, it is your responsibility to hand this over to an
applicable collection point for the recycling of batteries and electrical and
electronic equipment. This separate collection and recycling will help to
conserve natural resources and prevent potential negative consequences for
human health and the environment due to the possible presence of hazardous
substances in batteries and electrical and electronic equipment, which could
be caused by inappropriate disposal. For more information about where to drop
off your batteries and electrical and electronic waste, please contact your
local city/municipality office, your household waste disposal service, or the
shop where you purchased this product. Contact weee@microsoft.com for
additional information on WEEE and waste batteries. This product contains a
Lithium- ion Battery.
This device is not intended for use in machinery, medical or industrial
applications. Any changes or modifications not expressly approved by Microsoft
could void the user’s authority to operate this device. This product is for
use with NRTL Listed (UL, CSA, ETL, etc.), and/or IEC/EN 60950-1 compliant (CE
marked) Information Technology equipment. No serviceable parts included. This
device is rated as a commercial product for operation at + 32°F ( +0°C) to
+95°F ( + 35°C).
For Customers in the United States and Canada
This equipment has been tested and found to comply with the limits for a Class
B digital device, pursuant to part 15 of the FCC Rules, Canadian ICES-003,
RSS-Gen and RSS-24 7 as applicable. These limits are designed to provide
reasonable protection against harmful interference in a residential
installation. Operation is subject to the following two conditions: (1) this
device may not cause interference, and (2) this device must acceot anv
interference received. includina interference that mav cause undesired
ooeration.
Exposure to Radio Frequency (RF) Energy
This device contains radio transmitters and has been designed, manufactured
and tested to meet the Federal Communications Commission (FCC), Industry
Canada and European guidelines for RF exposure and Specific Absorption Rate.
This equipment complies with FCC radiation exposure limits set forth for an
uncontrolled environment. This equipment should be installed and operated with
minimum distance 20cm between the radiator & your body. Additional information
about RF safety can be found on the FCC website at www.fcc.gov/oet/rfsafety
and the Industry Canada website at www.ic.gc.ca/eic/site/smt-
gst.nsf/eng/sf01904.htm
Radio and TV Interference Regulations
The Microsoft hardware device(s) can radiate radio frequency (RF) energy. If
not installed and used in strict accordance with the instructions given in the
printed documentation and/or onscreen help files, the device may cause harmful
interference with other radio-communications devices (for example AM/FM
radios, televisions, baby monitors, cordless phones, etc.). There is, however,
no guarantee that RF interference will not occur in a particular installation.
To determine if your hardware device is causing interference to other radio-
communications devices, turn off and unplug the device from any external power
source. If the interference stops, it was probably caused by the device. If
this hardware device does cause interference, try the following measures to
correct it
- Relocate the antenna of the other radio-communications device (for example AM/FM Radios, televisions, baby monitors, cordless phones, etc) until the interference stops
- Move the hardware device farther away from the radio or TV, or move it to one side or the other of the radio or TV
- Plug the device into a different power outlet so that the hardware device and radio or TV are on different circuits controlled by different circuit breakers or fuses.
- If necessary, ask your device dealer or an experienced radio-TV technician for more suggestions. For more information about interference issues, go to the FCC Web site at: http://www.fcc.gov/cgb/consumerfacts/interference.html. You can also call the FCC at 1-888-CALL FCC to request Interference and Telephone Interference fact sheets.
This Product is restricted to indoor use only to reduce any potential for
harmful interference with licensed operation in the 5.15 to 5.25 GHz frequency
range. Any changes or modifications not expressly approved by Microsoft could
void the user1
s authority to operate this device.
ENERGY STAR® is a joint program of the U.S. Environmental Protection Agency
and the U.S.
Department of Energy aimed at saving money and protecting the environment
through energy efficient products and practices.
By using ENERGY STAR qualified products and taking advantage of the power
management features of the computer, you can help reduce the consumption of
electricity. Reduced electrical consumption can contribute to potential
financial savings, a cleaner environment, and the reduction of greenhouse gas
emissions.
For more information about ENERGY STAR, go to:
http://www.energystar.gov
Information and views expressed in this document, including URL and other
Internet Web site references, may change without notice.
This document does not provide you with any legal rights to any intellectual
property in any Microsoft product. You may copy and use this document for your
internal, reference purposes. © 2013 Microsoft Corporation. Surface, and
Windows 10 Pro are trademarks of the Microsoft group of companies. 8/uetooth
is a registered trademark of Bliuetooth SIG, Inc. All other trademarks are
property of their respective owners.
LIMITED WARRANTY
BY USING YOUR MICROSOFT PRODUCT PURCHASED FROM MICROSOFT OR AN AUTHORIZED
RETAILER OR RESELLER ( 11MICROSOFT HARDWARE”), OR MICROSOFT BRANDED ACCESSORY
PURCHASED FROM MICROSOFT OR AN AUTHORIZED RETAILER OR RESELLER (‘1
ACCESSORY”), YOU AGREE TO THIS WARRANTY. BEFORE USING IT, PLEASE READ THIS
WARRANTY CAREFULLY. IF YOU DO NOT ACCEPT THIS WARRANTY, DO NOT USE YOUR
MICROSOFT HARDWARE OR ACCESSORY. RETURN IT UNUSED TO YOUR RETAILER, RESELLER,
OR MICROSOFT FOR A REFUND.
See: www.microsoft.com/warranty for more
information.
If You live in the United States, Section 8 contains a binding arbitration
clause and class action waiver. It affects Your rights about how to
resolve a dispute with Microsoft. Please read it.
This warranty gives You specific legal rights. You may also have other
rights which vary from State to State or Province to Province.
-
Warranty
a) For 1 year from the date You purchased Your Microsoft Hardware or Accessory from Microsoft or an authorized retailer or reseller (“Warranty Period”), Microsoft warrants, only to You, that the Microsoft Hardware or Accessory will not malfunction due to a defect in materials or workmanship under Normal Use Conditions.
(b) This is the only warranty Microsoft gives for Your Microsoft Hardware or Accessory. Microsoft gives no other guarantee, warranty, or condition. No one else may give any guarantee, warranty, or condition on Microsoft’s behalf.
(c) IF YOUR STATE1 S OR PROVINCE1 S LAW GIVES YOU ANY IMPLIED WARRANTY, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE, ITS DURATION IS LIMITED TO THE WARRANTY PERIOD. Some States or Provinces do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to You.
(d) Other De initions. “You” means the original end-user. 11Normal Use Conditions” means ordinary consumer use under normal conditions according to the instruction manual. “State” means a State, the District of Columbia, and any other United States territory or possession. “The United States of America” includes all of them. -
How to Get Warranty Service
(a) Before starting the warranty process, ple,ase use the troubleshooting tips at www.microsoft.com/su pport.
(b) If the troubleshooting tips do not resolve Your problem, then follow the on line process at www.microsoft.com/warranty.
(c) Back up Your Hard Drive and Delete Confidential Information. Before sending Your Microsoft Hardware or Accessory to Microsoft or taking it to an authorized retailer or reseller for service, be sure to:
(I) BACK UP YOUR HARD DISK DRIVE AND KEEP A COPY OF ANY DATA (INCLUDING PHOTOGRAPHS, DOCUMENTS, VIDEO, MUSIC, ETC.) OR PROGRAMS YOU WANT TO SAVE. MICROSOFT, RETAILERS, OR RESELLERS ARE NOT RESPONSIBLE FOR YOUR DATA OR PROGRAMS AND MAY ERASE THEM.
(II) DELETE ANYTHING YOU CONSIDER CONIFIDENTIAL. MICROSOFT, RETAILERS, OR RESELLERS ARE NOT RESPONSIBLE FOR YOUR PRIVACY IF YOU LEAVE CONFIDENTIAL INFORMATION ON YOUR DEVICE. For more information, please see: www.microsoft.com/warranty. -
Microsoft’s Responsibility
(a) After You return Your Microsoft Hardware or Accessory to Microsoft or an authorized retailer or reseller, Microsoft or the retailer or reseller will inspect it.
(b) If Microsoft or the retailer or reseller determines that the Microsoft Hardware or Accessory malfunctioned due to a defect in materials or workmanship during the Warranty Period under Normal Use Conditions, Microsoft or the retailer or reseller will (at its option) repair or replace it, or refund the purchase price to You. Repair may use new or refurbished parts. Replacement may be with a new or refurbished unit.
(c) After repair or replacement, Your Microsoft Hardware or Accessory will be covered by this warranty for the longer of the remainder of Your original Warranty Period, or 90 days after Microsoft or the retailer or reseller ships it to You.
(d) MICROSOFT’S RESPONSIBILITY TO REPAIR OR REPLACE YOUR MICROSOFT HARDWARE OR ACCESSORY, OR TO REFUND THE PURCHASE PRICE, IS YOUR EXCLUSIVE REMEDY.
(e) If Your Microsoft Hardware or Accessory malfunctions after the Warranty Period expires, there is no warranty of any kind. After the Warranty Period expires, Microsoft may charge You a fee for its efforts to diagnose and service any problems. -
Warranty Exclusions
(a) Microsoft is not responsible and this warranty does not apply if Your Microsoft Hardware or Accessory is:
(i) damaged by use with products not sold or licensed by Microsoft;
(ii) opened, modified, or tampered with (including, for example, any attempt to defeat or circumvent any Microsoft technical limitation or security mechanism, etc.), or its serial number is altered or removed;
(iii) damaged by any external cause (including, for example, by being dropped, exposed to liquid, used with inadequate ventilation, etc., or failure to follow instructions in the instruction manual);
(iv) scratched, dented, etc. or shows other cosmetic damage; or
(v) repaired by anyone other than Microsoft or an authorized retailer or reseller.
(b) Microsoft is not responsible and this warranty does not apply if Your Microsoft Hardware is used with an operating system other than the Windows operating system preinstalled in Your Microsoft Hardware, or any contemporaneous or later version of that operating system.
(c) This warranty also does not apply to consumable parts that are designed to diminish over time unless the failure has occurred due to a defect in materials or workmanship.
(d) Microsoft does not guarantee that Your use of the Microsoft Hardware or Accessory will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. -
EXCLUSION OF CERTAIN DAMAGES
MICROSOFT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE YOUR MICROSOFT HARDWARE OR ACCESSORY. THESE EXCLUSIONS APPLY EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some States or Provinces do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to You. -
Additional Terms
If You attempt to defeat or circumvent any Microsoft Hardware or Accessory technical limitation or security system, You may cause Your Microsoft Hardware or Accessory to stop working permanently. You will also void Your warranty, and make Your Microsoft Hardware or Accessory ineligible for authorized repair, even for a fee. -
Choice of Law
The laws of the State or Province where You live govern the interpretation of this warranty, any claim that Microsoft has breached it, and all other claims (including consumer protection, unfair competition, implied warranty, and tort claims), regardless of conflict of law principles. -
Binding Arbitration and Class Action Waiver for U.S. Residents
(a) Application. This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. Dispute means any dispute, action, or other controversy between You and Microsoft concerning the Microsoft Hardware or Accessory (including its price) or this warranty, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
(b) Notice of Dispute. In the event of a dispute, You or Microsoft must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the reliefrequested. You must send any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form is available at http://go.microsoft.com/fwlink/?linkid=245499. Microsoft will send any Notice of Dispute to You by U.S. Mail to Your address if we have it, or otherwise to Your e-mail address. You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, You or Microsoft may commence arbitration.
(c) Small Claims Court. You may also litigate any dispute in small claims court in Your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not You negotiated informally first.
(d) Binding Arbitration. If You and Microsoft do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate ( or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
(e) Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor Microsoft will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(f) Arbitration Procedure. Any arbitration will be conducted by the American Arbitration Association (the ”AAA’) under its Commercial Arbitration Rules. If You are an individual and use the Microsoft Hardware or Accessories for personal or household use, or if the value of the dispute is $75,000 or less whether or not You are an individual or how You use the Microsoft Hardware or Accessories, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. To commence arbitration, submit the form available at http://go.microsoft.com/fw1ink/?linkid=245497 to the MA. You agree to commence arbitration only in Your county of residence or in King County, Washington. Microsoft agrees to commence arbitration only in Your county of residence. You may request a telephonic or in-person hearing by following the MA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to You individually as a court could. The arbitrator may award declaratory or injunctive relief only to You individually, and only to the extent required to satisfy Your individual claim.
g) Arbitration Fees and Incentives.
1. Disputes Involving $75,000 or Less. Microsoft will promptly reimburse Your filing fees and pay the AAP!.s and arbitrator’s fees and expenses. If You reject Microsoft’s last written settlement offer made before the arbitrator was appointed (“Microsoft’s last written offer”), Your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards You more than Microsoft’s last written offer, Microsoft will give You three incentives: (i) pay the greater of the award or $5,000; (ii) pay twice Your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that Your attorney reasonably accrues for investigating, preparing, and pursuing Your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless You and Microsoft agree on them.
2. Disputes Involving More Than $75,000. The AAA rules will govern payment of filing fees and the AAP!.s and arbitrator’s fees and expenses.
3. Disputes Involving Any Amount. In any arbitration You commence, Microsoft will seek its AAA or arbitrator’s fees and expenses, or Your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Microsoft commences, Microsoft will pay all filing, AAA, and arbitrator’s fees and expenses. Microsoft will not seek its attorney’s fees or expenses from You in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
(h) Conflict with AAA Rules. This warranty governs to the extent it conflicts with Mft!.s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
(i) Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute under this warranty must be filed within one year in small claims court (Section 8(c)), an arbitration proceeding (Section 8(d)), or in court, if Section 8 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
j) Severability. If the class action waiver in Section 8(e) is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 8 is found to be illegal or unenforceable, that provision will be severed with the remainder of this Section 8 remaining in full force and effect. -
This warranty is valid only in the United States of America and Canada.
Microsoft1 s address in the United States: Microsoft Corporation, One Microsoft Way, Redmond, WA98052
Microsoft1 s address in Canada: Microsoft Canada Inc., 1950 Meadowvale Blvd., Mississauga, Ontario, LSN 8L9
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