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9 You (the Consumer) understand that the product may consist of
refurbished equipment that contains used components, some of
which have been reprocessed. The used components comply with
Product performance and reliability specifications.
10 ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION
OF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE
FOREGOING LIMITED WARRANTY IS THE CONSUMER’S SOLE AND
EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. NOKIA SHALL NOT BE LIABLE FOR SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS,
LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES,
LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT,
COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES,
DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING
CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE
PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF
THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT,
OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NOKIA KNEW
OF THE LIKELIHOOD OF SUCH DAMAGES. NOKIA SHALL NOT BE LIABLE
FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY,
OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING
REPAIRED.
11 Some states do not allow limitation of how long an implied warranty
lasts, so the one year warranty limitation may not apply to you (the
Consumer). Some states do not allow the exclusion or limitation of
incidental and consequential damages, so certain of the above
limitations or exclusions may not apply to you (the Consumer). This
limited warranty gives the Consumer specific legal rights and the
Consumer may also have other rights which vary from state to state.