42 Safety, Regulatory & Legal
operating system, is not covered by this warranty, regardless of whether such modifications
are authorized, approved, or otherwise sanctioned by Motorola.
(f)
A product or part that has been modified in any manner without the written
permission of Motorola.
Products that have been altered in any manner so as to prevent
Motorola from determining whether such Products are covered under the terms of this
Limited Warranty are excluded from coverage. The forgoing shall include but not be limited to
(i) serial numbers, date tags or other manufacturer coding that has been removed, altered or
obliterated; (ii) mismatched or duplicated serial numbers; or (iii) broken seals or other
evidence of tampering. Do not open the Product or attempt to repair the Product yourself;
such conduct may cause damage that is not covered by this warranty.
(g)
Normal wear and tear or otherwise due to the normal aging of the Product.
(h)
Defects, damages, or the failure of the Product due to any communication
service or network you subscribe to or use with the Products.
(i)
All software, including operating system software, third-party software,
applications, and all other software of any kind.
Software distributed by Motorola is
provided "AS-IS" and "AS AVAILABLE," "WITH ALL FAULTS" and without a warranty of any
kind. The Limited Warranty does not apply to any non-Motorola product or any software,
even if packaged or sold with the Motorola hardware, unless otherwise required by
applicable local law.
(j)
Products that have been refurbished, reconditioned, or remanufactured
, except for
Products repaired or replaced pursuant to the terms of this Limited Warranty.
If damage is outside the scope of warranty coverage, repair services may be available, but all
costs associated with such out of warranty repair will be your responsibility.
What Other Limitations are There?
•
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND THE
REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES AND REMEDIES, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR
IMPLIED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY MOTOROLA OR ANY
SELLER, RESELLER OR DISTRIBUTOR OF THE PRODUCTS, INCLUDING EMPLOYEES AND
AGENTS THEREOF, SHALL CREATE ANY ADDITIONAL WARRANTY OBLIGATIONS,
INCREASE THE SCOPE, OR OTHERWISE MODIFY IN ANY MANNER THE TERMS OF THIS
LIMITED WARRANTY.
•
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOTOROLA SPECIFICALLY
DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT AND ALL WARRANTIES AGAINST HIDDEN
OR LATENT DEFECTS. WHERE SUCH STATUTORY OR IMPLIED WARRANTIES CANNOT
LAWFULLY BE DISCLAIMED, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH
WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS
LIMITED WARRANTY CONTAINED HEREIN AND THE REMEDIES OF REPAIR,
REPLACEMENT, OR REFUND AS DETERMINED BY MOTOROLA IN ITS SOLE DISCRETION
SHALL BE THE EXCLUSIVE REMEDY OF THE CONSUMER.
•
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOTOROLA DOES NOT WARRANT
THAT THE OPERATION OF ANY PRODUCTS OR SOFTWARE COVERED UNDER THIS
LIMITED WARRANTY WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION
WITH ANY HARDWARE OR SOFTWARE APPLICATIONS OR THIRD PARTY SERVICES, BE
UNINTERRUPTED, ERROR-FREE, OR WITHOUT RISK TO, OR LOSS OF, ANY
INFORMATION, DATA, SOFTWARE OR APPLICATIONS CONTAINED THEREIN, OR THAT
DEFECTS IN THE PRODUCTS OR SOFTWARE WILL BE CORRECTED.
•
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOTOROLA BE
LIABLE, WHETHER IN CONTRACT, TORT OR UNDER OTHER LEGAL THEORY (INCLUDING
NEGLIGENCE), FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCTS,
OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND, OR LOSS OF REVENUE OR PROFITS; LOSS OF BUSINESS; BUSINESS
INTERRUPTION; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION;
LOSS OF, DAMAGE TO, OR CORRUPTION OF INFORMATION, DATA, SOFTWARE OR
APPLICATIONS (INCLUDING ANY COSTS ASSOCIATED WITH RECOVERING,
PROGRAMMING, OR REPRODUCING ANY INFORMATION, DATA, SOFTWARE OR
APPLICATIONS STORED ON OR USED WITH MOTOROLA PRODUCTS, OR ANY FAILURE
TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION OR DATA STORED ON THE
PRODUCTS); OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH
THE ABILITY OR INABILITY TO USE THE PRODUCTS.
•
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OR LIMITATION ON
THE LENGTH OF AN IMPLIED WARRANTY, OR THE LIMITATION OR EXCLUSION OF
DAMAGES FOR PERSONAL INJURIES CAUSED BY NEGLIGENCE, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
STATE OR JURISDICTION.
• DATA BACKUP:
ALL INFORMATION, DATA, SOFTWARE OR OTHER APPLICATIONS,
INCLUDING BUT NOT LIMITED TO PERSONAL CONTACTS, ADDRESS BOOKS, PICTURES,
MUSIC AND GAMES WILL BE ERASED DURING THE REPAIR PROCESS, AND CAN NOT BE
REINSTALLED BY MOTOROLA. TO AVOID LOSING SUCH INFORMATION, DATA,
