9
to prepayment, or, if such costs are not prepaid, we
will keep the Varjo Product for thirty (30) days for
Your pick-up before it is disposed of.
4. What is not covered?
This Limited Warranty does not cover and Varjo
is not responsible for (i) used or resold Varjo
Products; (ii) Varjo Products not purchased from
Authorized Retailers; or (iii) any software (including
but not limited to any software on the Varjo product
and any PC software provided by Varjo).
Further, this Limited Warranty does not cover and
Varjo is not responsible for damage to the Varjo
Product or loss of the Varjo Product resulting from
(i) an accident (e.g., accidental physical impact,
exposure to liquid, food or other contaminants,
etc.) or theft; (ii) use not in accordance with Normal
Use Conditions or any other misuse (including but
not limited to neglect, abuse or alteration); (iii) use
with an unsuitable product not sold or licensed
by Varjo; (iv) use with inadequate ventilation; (v)
use by children; (vi) circumvention of our security
mechanisms; (vii) reverse engineering; (viii)
defects or damage from viruses or other software
problems introduced into the Varjo Product; (ix)
use of the Varjo Product in violation of any laws,
regulations or ordinances in effect where the Varjo
Product is used; (ix) defects or damage caused by
unauthorized repairs; (x) Acts of God, including but
not limited to lightning, flood, tornado, earthquake,
or hurricane; and/or (xi) cosmetic damages (e.g.
scratches).
Additionally, this Limited Warranty does not cover
and Varjo is not responsible for damage to the
Varjo Product or loss of the Varjo Product resulting
from normal wear and tear and normal depletion of
consumable parts.
Finally, this Limited Warranty does not include any
specific guarantees that the Varjo Product will
be error-free, or regarding uptime or continued
availability, data security features of software or
online accounts, or that any software, firmware or
online sites will function uninterrupted or error-free.
This Limited Warranty is void if a Varjo Product
is returned with removed, damaged or tampered
labels or any alterations (including the unauthorized
removal of any component or external cover). [This
Limited Warranty does not cover data loss; it is Your
responsibility to back up Your data, electronically
or physically, on a regular basis if you wish to
retain Your data. Any damages or costs related
to data recovery, removal, and installation are not
recoverable under this Limited Warranty.]
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER VARJO NOR ITS
SUPPLIERS SHALL BE RESPONSIBLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS OR COMMERCIAL
LOSS, BUSINESS INTERRUP- TION, LOSS OF
BUSINESS INFORMATION, LOSS OF DATA, LOSS
OF PRIVACY, LOSS OF CON- FIDENTIALITY, COST
OF ANY REPLACEMENT GOODS OR SUBSTITUTE
EQUIPMENT, OR LOSS OF USE WHILE THE VARJO
PRODUCT IS BEING REPLACED OR REPAIRED.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE ENTIRE LIABILITY OF