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Gigaset S820H / USA-MEX EN / A31008-M2454-R301-1-3S19 / appendix.fm / 9/18/12

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Service (Customer Care)

5. LIMITATION OF WARRANTY

Gigaset NAM makes no warranty or representation that the software in the Products will meet your require-
ments or will work in combination with any hardware or applications software products provided by third par-
ties, 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 Inci-
dental, 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 PUR-
POSE, 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 CONDI-
TION 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 war-
ranty period are not covered by any warranty or condition, express, implied or statutory.

8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGASET NAM, SELLER OR
THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHAT-
SOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO
MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF
OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTH-
ERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LIMITED WARRANTY, EVEN IN THE EVENT
OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WAR-
RANTY OF GIGASET NAM OR SELLER OR ANY SUPPLIER, AND EVEN IF GIGASET NAM OR SELLER OR ANY SUP-
PLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REPAIR OR REPLACEMENT, AS PROVIDED
UNDER THE WARRANTY, IS YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE LIMITED WARRANTY.