26
Limited Warranty
(U.S. only)
FRANKLIN warrants to you that the DIGITAL BOOK will be free from defects in materials
and workmanship for one year from purchase. In the case of such a defect in your
DIGITAL BOOK, FRANKLIN will repair or replace it without charge on return, with
purchase receipt, to the dealer from which you made your purchase or Franklin
Electronic Publishers, Inc., One Franklin Plaza, Burlington, NJ 08016-4907, within one
year of purchase. Alternatively, FRANKLIN may, at its option, refund your purchase
price.
Data contained in the DIGITAL BOOK may be provided under license to FRANKLIN.
FRANKLIN makes no warranty with respect to the accuracy of data in the DIGITAL
BOOK. No warranty is made that the DIGITAL BOOK will run uninterrupted or error free.
You assume all risk of any damage or loss from your use of the DIGITAL BOOK.
This warranty does not apply if, in the sole discretion of FRANKLIN, the DIGITAL BOOK
has been tampered with, damaged by accident, abuse, misuse, or misapplication, or as
a result of service or modification by any party, including any dealer, other than
FRANKLIN. This warranty applies only to products manufactured by or for FRANKLIN.
Batteries, corrosion or battery contacts and any damage caused by batteries are not
covered by this warranty. NO FRANKLIN DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY ADDITIONAL WARRANTY IN THIS REGARD OR TO
MAKE ANY MODIFICATION OR EXTENSION OF THIS EXPRESS WARRANTY.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER
EXPRESS OR IMPLIED WARRANTIES, WRITTEN OR ORAL, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
FRANKLIN’S OBLIGATION TO REPLACE OR REFUND AS SET FORTH ABOVE IN
THIS WARRANTY. Some States do not allow the exclusion of implied warranties, or
limitations on how long a warranty lasts. This warranty gives you specific rights; you may
also have additional rights which vary from State to State. This warranty shall not be
applicable to the extent that enforcement of any provision may be prohibited by
applicable law.
FRANKLIN SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY OTHER PERSON
FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY
OTHER INDIRECT LOSS OR DAMAGE, ARISING OUT OF YOUR PURCHASE, THE
MANUFACTURE OR SALE OF THE DIGITAL BOOK, THIS LICENSE, OR ANY
OBLIGATION RESULTING THEREFROM OR THE USE OR PERFORMANCE OF THE
DIGITAL BOOK UNDER ANY LEGAL THEORY, WHETHER BREACH OF CONTRACT,
TORT, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION OR PROCEEDING,
WHICH DAMAGES SHALL INCLUDE, BUT NOT BE LIMITED TO, LOST PROFITS,
DAMAGES TO PROPERTY, OR PERSONAL INJURY (BUT ONLY TO THE EXTENT
PERMITTED BY LAW). FRANKLIN’S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS,
DAMAGE, OR EXPENSE FROM ANY SUCH CAUSE SHALL IN NO EVENT EXCEED
THE PRICE PAID FOR THE DIGITAL BOOK. THIS CLAUSE SHALL SURVIVE
FAILURE OF AN EXCLUSIVE REMEDY.
This license and warranty is governed by the laws of the United States and the State of
New Jersey.
