75Safety, Regulatory & Legal
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.
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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.
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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, SOFTWARE
OR OTHER APPLICATIONS PLEASE CREATE A BACK UP BEFORE YOU DELIVER YOUR
PRODUCT FOR WARRANTY SERVICE, REMOVE ANY CONFIDENTIAL, PROPRIETARY OR
PERSONAL INFORMATION AND DISABLE ANY SECURITY PASSWORDS. YOU WILL BE
RESPONSIBLE FOR REINSTALLING ALL SUCH INFORMATION, DATA, SOFTWARE, OTHER
APPLICATIONS AND PASSWORDS. MOTOROLA AND/OR ITS AUTHORIZED SERVICE
CENTERS ARE NOT RESPONSIBLE FOR THE LOSS OR MISUSE OF ANY DATA, FILES,
CONTENT, APPLICATIONS AND PROGRAMS WHEN THE PRODUCT IS DELIVERED FOR
WARRANTY SERVICE. YOUR PRODUCT OR A REPLACEMENT PRODUCT WILL BE
RETURNED TO YOU AS YOUR PRODUCT WAS CONFIGURED WHEN ORIGINALLY
PURCHASED, SUBJECT TO APPLICABLE SOFTWARE UPDATES. MOTOROLA MAY INSTALL
OPERATING SYSTEM SOFTWARE UPDATES AS PART OF WARRANTY SERVICE THAT MAY
PREVENT THE PRODUCT FROM REVERTING TO AN EARLIER VERSION OF THE OPERATING
SYSTEM SOFTWARE. THIRD PARTY APPLICATIONS INSTALLED ON THE PRODUCT MAY
NOT BE COMPATIBLE OR WORK WITH THE PRODUCT AS A RESULT OF THE OPERATING
SYSTEM SOFTWARE UPDATE. MOTOROLA AND ITS AUTHORIZED SERVICE CENTERS ARE
NOT RESPONSIBLE FOR THE LOSS OF, OR INABILITY TO USE, SUCH INFORMATION, DATA,
SOFTWARE OR OTHER APPLICATIONS.
