Common use of When These Exclusions May Not Apply Clause in Contracts

When These Exclusions May Not Apply. The provisions of any local law which implies terms into this Agreement will not apply to the extent that local law permits the parties to contract out of the law. However, the limitations and exclusions in this Agreement do not change Company’s rights if the laws of its state, province or country do not allow. For example, the limitations on liability may not apply to Company if applicable law does not allow it. If applicable law gives Company any implied terms, despite the exclusions and limitations in this Agreement, then to the extent permitted by applicable law, Company’s remedies are limited to repair or replacement of the Product and if Microsoft cannot repair or replace the Product, Microsoft will refund the amount Company paid for it.