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5. LIMITATION OF WARRANTY
Gigaset NAM makes no warranty or representation that the software in the Products will meet
your requirements or will work in combination with any hardware or applications software
products provided by third parties, that the operation of the software will be uninterrupted or
error free, or that all defects in the software products will be corrected.
6. LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
Your exclusive remedy for any breach of this limited warranty is as set forth above. Except for
any refund elected by Gigaset NAM,
YOU ARE NOT ENTITLED TO ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES
, if the Product does not
meet the limited warranty , and, to the maximum extent allowed by applicable law, even if any
remedy fails of its essential purpose. The terms below ("Exclusion of Incidental, Consequential
and Certain Other Damages") are also incorporated into this limited warranty . Some states/
jurisdictions/provinces do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you. This limited warranty
gives you specific legal rights. You may have others which vary from state/jurisdiction/
province to state/jurisdiction/province.
7. DISCLAIMER OF WARRANTIES
GIGASET NAM AND ITS SUPPLIERS PROVIDE THE PRODUCT AND SUPPORT SERVICES (IF ANY)
AS IS AND WITH ALL FAULTS. THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER EXPRESS
WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING EXCEPT FOR THE
LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IS IN
LIEU OF ANY IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF
LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR
CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT WITH REGARD TO THE
PRODUCT. Some states/jurisdictions/provinces do not allow limitations on how long an
implied warranty lasts or the exclusion or limitation of incidental or consequential damages,
so the above exclusions or limitations may not apply to you. If an implied warranty or
condition is created by your state/province and federal or state/provincial law prohibits
disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (ONE YEAR). AS TO ANY
DEFECTS DISCOVERED AFTER THE ONE YEAR PERIOD, THERE IS NO WARRANTY OR CONDITION
OF ANY KIND. This limited warranty gives you specific legal rights, and you may also have other
rights which vary from state to state/province to province. In no event shall Gigaset NAM's
liability exceed the cost of repairing or replacing defective Products as provided herein, and
any such liabilities will terminate upon expiration of the warranty period.
Any supplements or updates to the Product or the software in the Product, including without
limitation, any (if any) software fixes or upgrades or bug fixes provided to you after the
expiration of the one year limited warranty period are not covered by any warranty or
condition, express, implied or statutory.
