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Section 4B: Manufacturer’s Warranty 193
Warranty
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.
12. Nokia neither assumes nor authorizes any authorized service center or
any other person or entity to assume for it any other obligation or
liability beyond that which is expressly provided for in this limited
warranty including the provider or seller of any extended warranty or
service agreement.
13. This is the entire warranty between Nokia and the Consumer, and
supersedes all prior and contemporaneous agreements or
understandings, oral or written, relating to the Product, and no
representation, promise or condition not contained herein shall
modify these terms.
14. This limited warranty allocates the risk of failure of the Product
between the Consumer and Nokia. The allocation is recognized by
the Consumer and is reflected in the purchase price.