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THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES,
WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. NO ORAL OR
WRITTEN REPRESENTATIONS MADE BY MOTOROLA OR ANY SELLER, RESELLER
OR DISTRIBUTOR OF THE PRODUCTS, INCLUDING EMPLOYEES AND AGENTS
THEREOF, SHALL CREATE ANY ADDITIONAL WARRANTY OBLIGATIONS,
INCREASE THE SCOPE, OR OTHERWISE MODIFY IN ANY MANNER THE TERMS
OF THIS LIMITED WARRANTY.
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MOTOROLA SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT AND ALL WARRANTIES AGAINST HIDDEN OR LATENT
DEFECTS. WHERE SUCH STATUTORY OR IMPLIED WARRANTIES CANNOT
LAWFULLY BE DISCLAIMED, THEN TO THE EXTENT PERMITTED BY LAW, ALL
SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF
THE EXPRESS LIMITED WARRANTY CONTAINED HEREIN AND THE REMEDIES
OF REPAIR, REPLACEMENT, OR REFUND AS DETERMINED BY MOTOROLA IN ITS
SOLE DISCRETION SHALL BE THE EXCLUSIVE REMEDY OF THE CONSUMER.
•
MOTOROLA DOES NOT WARRANT THAT THE OPERATION OF ANY PRODUCTS
OR SOFTWARE COVERED UNDER THIS LIMITED WARRANTY WILL MEET YOUR
REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR
SOFTWARE APPLICATIONS OR THIRD PARTY SERVICES, BE UNINTERRUPTED,
ERROR-FREE, OR WITHOUT RISK TO, OR LOSS OF, ANY INFORMATION, DATA,
SOFTWARE OR APPLICATIONS CONTAINED THEREIN, OR THAT DEFECTS IN THE
PRODUCTS OR SOFTWARE WILL BE CORRECTED.
•
IN NO EVENT SHALL MOTOROLA BE LIABLE, WHETHER IN CONTRACT, TORT OR
UNDER OTHER LEGAL THEORY (INCLUDING NEGLIGENCE), FOR DAMAGES IN
EXCESS OF THE PURCHASE PRICE OF THE PRODUCTS, OR FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS
OF REVENUE OR PROFITS; LOSS OF BUSINESS; BUSINESS INTERRUPTION; LOSS
OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF,
DAMAGE TO, OR CORRUPTION OF INFORMATION, DATA, SOFTWARE OR
APPLICATIONS (INCLUDING ANY COSTS ASSOCIATED WITH RECOVERING,
PROGRAMMING, OR REPRODUCING ANY INFORMATION, DATA, SOFTWARE OR
APPLICATIONS STORED ON OR USED WITH MOTOROLA PRODUCTS, OR ANY
FAILURE TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION OR DATA
STORED ON THE PRODUCTS); OR OTHER FINANCIAL LOSS ARISING OUT OF OR
IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE
EXCLUSION OR LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY,
OR THE LIMITATION OR EXCLUSION OF DAMAGES FOR PERSONAL
INJURIES CAUSED BY NEGLIGENCE, 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 STATE OR JURISDICTION.
In the event that any term or provision contained in this Limited Warranty is found to
be invalid, illegal or unenforceable by a court of competent jurisdiction, then such
provision shall be deemed modified to the extent necessary to make such provision
enforceable by such court, taking into account the intent of the parties. The
invalidity in whole or in part of any portion of this Limited Warranty shall not impair
or affect the validity or enforceability of the remaining provisions of this Limited
Warranty.
