44
Disclaimer
TCL Communication Ltd. WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING OUT OF OR RELATING
TO THE USE OR THE INABILITY TO USE THE SOFTWARE
OR ANY THIRD PARTY APPLICATION, ITS CONTENT OR
FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO
DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS,
INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT,
NETWORK CHARGES, IN-APP PURCHASES, AND ALL OTHER
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES EVEN IF TCL Communication Ltd.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU. NOTWITHSTANDING THE
FOREGOING, TCL Communication Ltd. TOTAL LIABILITY TO
YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION,
INCLUDING BUT NOT LIMITED TO THOSE BASED ON
CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR
USE OF THE SOFTWARE OR THIRD PARTY APPLICATIONS
ON THIS DEVICE, OR ANY OTHER PROVISION OF THIS EULA,
SHALL NOT EXCEED THE AMOUNT YOU PAID SPECIFICALLY
FOR THE MOVETIME Smartwatch APPLICATION OR ANY
SUCH THIRD PARTY APPLICATION THAT WAS INCLUDED
WITH THIS DEVICE. THE FOREGOING LIMITATIONS,
EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN
IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
THERE MAY BE CERTAIN DIFFERENCES BETWEEN THE USER
MANUAL DESCRIPTION AND THE MOVETIME Smartwatch’S
