The Company warrants to the original purchaser that the hardware for the ATARI®Flashback
2TMClassic Game Console shall be free from defects in material and workmanship for a period of ninety
(90) days from the date of purchase (the “Warranty Period”). If this product is determined to be defective
during the Warranty Period, your remedy shall be limited to either repair or replacement, at the Company’s
option, of the Product. You must call 1-425-951-7170 to receive instructions to obtain repair/replacement
services.
THIS WARRANTY SHALL NOT APPLY IF THIS PRODUCT: (a) IS USED WITH
PRODUCTS NOT SOLD WITH THE ATARI®FLASHBACK 2TM CLASSIC GAME CONSOLE
OR OTHERWISE AUTHORIZED BY ATARI FOR USE THEREWITH (INCLUDING BUT NOT
LIMITED TO NON-LICENSED HARDWARE DEVICES AND POWER SUPPLY SOURCES) OR
OTHERWISE NOT COMPATIBLE WITH THIS PRODUCT (INCLUDING LEGACY
HARDWARE DEVICES); (b) IS USED FOR COMMERCIAL PURPOSES (INCLUDING
RENTAL) OR IS MODIFIED OR TAMPERED WITH; (c) IS DAMAGED BY ACTS OF GOD,
MISUSE, ABUSE, NEGLIGENCE, ACCIDENT, WEAR AND TEAR, UNREASONABLE USE, OR
BY OTHER CAUSES UNRELATED TO DEFECTIVE MATERIALS OR WORKMANSHIP; (d)
HAS HAD THE SERIAL NUMBER ALTERED, DEFACED OR REMOVED; OR (e) HAS HAD
THE WARRANTY SEAL ON THE CONSOLE REMOVED.
THIS WARRANTY DOES NOT COVER PRODUCTS SOLD AS IS OR WITH ALL FAULTS,
OR CONSUMABLES (SUCH AS BATTERIES).
PROOF OF PURCHASE IN THE FORM OF A BILL OF SALE OR RECEIPTED INVOICE
WHICH IS EVIDENCE THAT THE UNIT IS WITHIN THE WARRANTY PERIOD MUST BE
PRESENTED TO OBTAIN WARRANTY SERVICE. REPAIR OR REPLACEMENT AS
PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER.
This warranty gives you specific legal rights, and you may also have other rights that vary from state
to state or province to province. This warranty is only valid in the United States and Canada.
TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, EXCEPT FOR
THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET
FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE
PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS
OR OTHERWISE. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF OR
LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE
FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO
MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO
THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF THE COMPANY OR AN
AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
109
