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Your exclusive remedy for any breach of this limited warranty is as set forth above.
Except for any refund elected by Swissvoice Inc., 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
SWISSVOICE INC. 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
Swissvoice Inc.
ʼ
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