35
CONTRACT FOR SALE, MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION
HAS ACCRUED.
IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL BLUEANT BE LIABLE, WHETHER
IN CONTRACT, IN TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), OR UNDER ANY
WARRANTY, FOR: (1) DAMAGES IN EXCESS OF THE PURCHASE PRICE PAID FOR THE PRODUCT;
(2) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER TYPE OF DAMAGES
(INCLUDING WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS) OF ANY KIND; (3) ANY
LOSS OF REVENUE OR PROFITS; (4) ANY LOSS OF BUSINESS, OR GOODWILL; (5) ANY LOSS OF
INFORMATION, DATA, SOFTWARE, APPLICATIONS; OR (6) ANY OTHER FINANCIAL LOSS ARISING
OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, TO THE FULL
EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW. THE PRICE PAID FOR THE PRODUCT IS
A CONSIDERATION IN LIMITING BLUEANT’S LIABILITY TO REPAYMENT OF NO MORE THAN THE
PURCHASE PRICE PAID BY THE CONSUMER.
THE CONSUMER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE, OR INJURY TO ANY
PERSON OR PROPERTY ARISING OUT OF USE OR POSSESSION OF ANY BLUEANT PRODUCT
COVERED BY THIS LIMITED WARRANTY WHICH IS NOT THE FAULT OR NEGLIGENCE OF BLUEANT.
Some states, countries and jurisdictions do not allow the limitation or exclusion of liability, or
incidental or consequential damages, or limitation on the length of an implied warranty, 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 to state or from one jurisdiction to another.
The consumer acknowledges and agrees that he or she has read, or has voluntarily chosen not to
read, after being given a reasonable opportunity to do so, the instruction manual for this Product
which is available at
www.blueantwireless.com
, prior to use.
The consumer further acknowledges and agrees that he or she has read, or has voluntarily chosen
not to read, after being given a reasonable opportunity to do so, the Limited Warranty for this Product.
If the consumer does not agree to all the terms stated within this Limited Warranty, the consumer
shall return, within 30 days from the date of original purchase, the Product to the place of purchase
for a refund of the purchase price paid. The consumer acknowledges and agrees to all terms stated
within this Limited Warranty if the consumer fails to return the Product within 30 days from the date
of the original purchase.
The first consumer purchaser acknowledges and agrees that he or she shall not be deemed to be a
merchant.
Laws in the United States of America and other countries preserve for BlueAnt certain exclusive
rights for copyrighted BlueAnt software such as the exclusive rights to reproduce and distribute
copies of the BlueAnt software. BlueAnt software may only be copied into, used in, and redistributed
with, the Products associated with such BlueAnt software. No other use, including without limitation