59
Safety, Regulatory & Legal
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
WARRANTY SERVICE. YOUR PRODUCT OR A REPLACEMENT PRODUCT WILL BE
RETURNED TO YOU AS YOUR PRODUCT WAS CONFIGURED WHEN ORIGINALLY
PURCHASED, SUBJECT TO APPLICABLE SOFTWARE UPDATES. MOTOROLA MAY
INSTALL OPERATING SYSTEM SOFTWARE UPDATES AS PART OF WARRANTY SERVICE
THAT MAY PREVENT THE PRODUCT FROM REVERTING TO AN EARLIER VERSION OF THE
OPERATING SYSTEM SOFTWARE. THIRD PARTY APPLICATIONS INSTALLED ON THE
PRODUCT MAY NOT BE COMPATIBLE OR WORK WITH THE PRODUCT AS A RESULT OF
THE OPERATING SYSTEM SOFTWARE UPDATE. MOTOROLA AND ITS AUTHORIZED
SERVICE CENTERS ARE NOT RESPONSIBLE FOR THE LOSS OF, OR INABILITY TO USE,
SUCH INFORMATION, DATA, SOFTWARE OR OTHER APPLICATIONS.
• WARNING AGAINST UNLOCKING THE BOOTLOADER OR ALTERING A
PRODUCT'S OPERATING SYSTEM SOFTWARE:
MOTOROLA STRONGLY
RECOMMENDS AGAINST ALTERING A PRODUCT'S OPERATING SYSTEM, WHICH
INCLUDES UNLOCKING THE BOOTLOADER, ROOTING A DEVICE OR RUNNING ANY
OPERATING SOFTWARE OTHER THAN THE APPROVED VERSIONS ISSUED BY
MOTOROLA AND ITS PARTNERS. SUCH ALTERATIONS MAY PERMANENTLY DAMAGE
YOUR PRODUCT, CAUSE YOUR PRODUCT TO BE UNSAFE AND/OR CAUSE YOUR
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