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THIRD PARTY PRODUCTS AND SERVICES. EXCEPT FOR THE LIMITED PHONE
WARRANTY PROVIDED BY WHERIFY WIRELESS AS DESCRIBED ABOVE,
WHERIFY WIRELESS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES
IN CONNECTION WITH, AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY
OF ANY KIND ARISING OUT OF OR RESULTING FROM, ANY PRODUCTS OR
SERVICES OF A THIRD PARTY (INCLUDING LOCATION SERVICES PROVIDED
BY ANY THIRD PARTY AND WHETHER OR NOT THE PRODUCT OR SERVICE
IS PROVIDED UNDER AUTHORITY OF WHERIFY); ANY FAILURE OF SUCH
PRODUCTS OR SERVICES; OR ANY FAILURE OF THE WHERIFONE GPS
LOCATOR PHONE TO WORK WITH SUCH PRODUCTS OR SERVICES. EACH
THIRD PARTY IS SOLELY RESPONSIBLE FOR ITS PRODUCTS AND SERVICES,
WHETHER OR NOT BASED UPON THE WHERIFY TECHNOLOGY.
NO OTHER WARRANTIES: No warranty is provided by Wherify on behalf of any
other party or for any products or accessories that are not supplied by Wherify.
THIS LIMITED WARRANTY AND REMEDY, INCLUDING THE LIMITATIONS AND
EXCLUSIONS HEREIN, IS THE EXCLUSIVE WARRANTY AND REMEDY
PROVIDED BY WHERIFY AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED AND
EXCLUDED, AND WHERIFY SHALL HAVE NO OTHER RESPONSIBILITY OR
LIABILITY FOR A FAILURE TO COMPLY WITH ANY WARRANTY. THIS
WARRANTY MAY NOT BE AMENDED OR SUPPLEMENTED EXCEPT IN A
WRITING ISSUED AND SIGNED BY AN EXECUTIVE OF WHERIFY AT THE VICE
PRESIDENT LEVEL OR HIGHER. THE WARRANTY AND REMEDY SET FORTH
HEREIN REPRESENTS AN ALLOCATION OF RISK BETWEEN CUSTOMER AND
WHERIFY THAT IS REFLECTED IN THE PURCHASE PRICE OF THE PHONE.
LIMITATION AND DISCLAIMER OF LIABILITY: IN NO EVENT SHALL WHERIFY
BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE
PHONE, THE USER GUIDE, OR THIS WARRANTY, WHETHER ARISING FROM
CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO COST OF SUBSTITUTE GOODS, LOSS OF
USE, OR ANY OTHER EFFECTS OR RESULTS OF ANY USE OR LOSS OF USE.
WHERIFY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS
WARRANTY, THE PHONE, AND THE USER GUIDE SHALL NOT EXCEED THE
PURCHASE PRICE PAID BY THE CUSTOMER (LESS A REASONABLE USAGE
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