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KINDLE USER’S GUIDE Appendix B • 195

or enforce your strict compliance with this Agreement will not constitute a waiver of

any of its rights.

Exclusions of Liability. AMAZON WILL NOT BE LIABLE FOR: (A) LOSSES THAT

WERE NOT REASONABLY FORESEEABLE TO YOU AND AMAZON AT THE TIME WHEN

YOU PURCHASED THE KINDLE, DIGITAL CONTENT OR SOFTWARE (AS APPLICABLE);

(B) LOSSES THAT DID NOT ARISE FROM ANY BREACH OR DEFAULT ON AMAZON’S

PART; AND (C) ANY BUSINESS LOSSES, OR OTHER LOSSES THAT ARISE FROM ANY

NON-CONSUMER USE OF THE SERVICE, KINDLE, KINDLE STORE, DIGITAL CONTENT

OR SOFTWARE, OR YOUR USE OF THE KINDLE, KINDLE STORE, DIGITAL CONTENT

OR SOFTWARE IN A WAY THAT IS PROHIBITED BY THIS AGREEMENT. IN RESPECT OF

LOSSES THAT ARE NOT EXCLUDED BY THE ABOVE CLAUSE, AMAZON’S LIABILITY

TO YOU FOR COMPENSATION (IN ADDITION TO YOUR RIGHTS TO OBTAIN A REPAIR,

REPLACEMENT OR REFUND UNDER THE AMAZON WARRANTY OR VIA YOUR

STATUTORY RIGHTS) WILL BE LIMITED TO THREE HUNDRED POUNDS (GBP).

NOTHING IN THIS PARAGRAPH AFFECTS YOUR STATUTORY RIGHTS AS A

CONSUMER OR ANY LIABILITY FOR DEATH, PERSONAL INJURY, OR FRAUD.

Governing Law. The laws of the Grand Duchy of Luxembourg, without regard to

principles of conflict of laws, will govern this Agreement and any dispute of any sort

that might arise between you and Amazon.

Disputes. Any dispute arising out of or relating in any way to this Agreement will be

adjudicated in the courts of the judicial district of Luxembourg City, and you consent to

non-exclusive jurisdiction and venue in such courts.

U.S. Government Rights. The Software, Service, and Digital Content are provided to

the U.S. Government as “commercial items,” “commercial computer software,”

“commercial computer software documentation,” and “technical data,” as defined in

the U.S. Federal Acquisition Regulation and the U.S. Defense Federal Acquisition

Regulation Supplement, with the same rights and restrictions customarily provided to

end users.