Further, this limited warranty is void if the Product cover, or any label or seal on the Product, is removed or damaged.
Maxtor owns all parts removed from the repaired Products. Maxtor uses new and reconditioned parts in performing warranty repairs
and building replacement products.
FAILURE TO COMPLETE AND RETURN ANY MAXTOR PRODUCT REGISTRATION FORM WILL NOT DIMINISH YOUR WARRANTY RIGHTS.
Certain Products include software or firmware as a component (“Software”). Maxtor or its suppliers retain all rights of ownership in
such Software and any use of the Software is subject to the license agreement provided by Maxtor accompanying such Software. If
no license is provided by Maxtor, you are granted the limited right to use the Software as required for the operation of the Product and
no other rights are granted whatsoever. Certain Software is licensed under the GNU General Public License Agreement (“GPL
Software”). EXCEPT AS OTHERWISE PROVIDED BY MAXTOR IN A WRITTEN LICENSE AGREEMENT, SOFTWARE IS OFFERED “AS IS”
AND MAXTOR GRANTS NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATIONS OR OTHERWISE
WITH REGARD TO THE SOFTWARE. MAXTOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. Please note that Maxtor makes the
source code for the GPL software available through www.maxtor.com.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESSED, IMPLIED OR STATUTORY. OTHER THAN AS EXPRESSLY SET FORTH
HEREIN, MAXTOR SPECIFICALLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS AS TO THE PRODUCTS, SERVICES, OR ANY OTHER MATTER WHATSOEVER. IN PARTICULAR, BUT
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAXTOR SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED OR DEEMED
WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE
IN A SKILLFUL AND WORKMANLIKE MANNER, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY OTHER WARRANTY
ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS LIMITED WARRANTY DOES NOT APPLY TO, AND MAXTOR MAKES
NO WARRANTY TO YOU WITH REGARD TO, PRODUCTS ORIGINALLY SOLD AS AN INTEGRATED COMPONENT OF A SYSTEM NOT SUPPLIED
BY MAXTOR, OR PRODUCTS PROVIDED UNDER A THIRD PARTY LEASING OR SERVICE ARRANGEMENT. No Maxtor distributor,
reseller, dealer, agent or employee is authorized to make any modification, extension or addition to this warranty.
MAXTOR IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, UNFORESEEABLE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES HOWEVER CAUSED AND WHETHER OR NOT MAXTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING
BUT NOT LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF DATA OR PROGRAMS, LOST PROFITS, DOWNTIME,
GOODWILL, DAMAGE OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OF RECOVERING, PROGRAMMING OR
REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH MAXTOR PRODUCTS OR ANY OTHER DAMAGES ARISING OUT OF
THE PURCHASE, USE OR PERFORMANCE OF THE PRODUCT. Maxtor is not, and cannot be, responsible for any losses or damages
arising out of any loss of, or any inability to access, data as a result from the failure of a Product, and accordingly you bear this risk.
The allocation of risk under this limitation of liability is reflected in the purchase price of the Product. This limitation of liability,
however, will not apply to claims for death or personal injury caused by the negligence of Maxtor or its associated companies,
officers, representatives or agents.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or exclusions of implied or deemed
conditions or warranties, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights,
and you may also have other rights that vary from jurisdiction to jurisdiction. By way of example, if a Product is purchased from
Maxtor or Maxtor's authorized reseller by you in Europe, Africa or the Middle East, you may have additional warranty rights which
are explained at www.maxtor.com.
Please note that you are expressly not permitted to use the Products in conjunction with the operation of nuclear facilities, aircraft
navigation, aircraft communication, aircraft flight control, aircraft air traffic control systems, weapons devices or systems, or in any
devices or systems in which a malfunction (including, without limitation, software related delay or failure) would result in foreseeable
risk of injury or death to the operator of the device or system, or to others.
This Statement of Limited Warranty shall be exclusively interpreted in accordance with the English language with the meaning of its
terms. Should any provisions of this Limited Warranty be declared invalid by any court of competent jurisdiction, the balance of this
Limited Warranty will remain in full force and effect. In addition, should a translation of this Limited Warranty deviate from the
English language version, only the English language version shall apply and be binding.
