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(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, 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