57
Safety, Regulatory & Legal
(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
