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FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE DURATION
OF THIS LIMITED WARRANTY, OTHERWISE THE REPAIR, REPLACEMENT, OR
REFUND AS PROVIDED UNDER THIS EXPRESS LIMITED WARRANTY IS THE
EXCLUSIVE REMEDY OF THE CONSUMER, AND IS PROVIDED IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OF IMPLIED. IN NO EVENT SHALL MOTOROLA
OR GIANT INTERNATIONAL LTD. BE LIABLE, WHETHER IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE
PRICE OF THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS
OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR
DATA, SOFTWARE OR APPLICATIONS OR OTHER FINANCIAL LOSS ARISING
OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE
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DAMAGES MAY BE DISCLAIMED BY LAW.
Some states and jurisdictions do not allow the limitation or exclusion of
incidental or consequential damages, or limitation on the length of an implied
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