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Exclusions (Software)
Software Embodied in Physical Media.
No warranty is made that the software
will meet your requirements or will work in combination with any hardware or
software applications provided by third parties, that the operation of the software
products will be uninterrupted or error free, or that all defects in the software
products will be corrected.
Software NOT Embodied in Physical Media.
Software that is not embodied in
physical media (e.g. software that is downloaded from the Internet), is provided “as
is” and without warranty.
Who is Covered?
This warranty extends only to the first consumer purchaser, and is not transferable.
What Will Motorola Do?
Motorola, at its option, will at no charge repair, replace or refund the purchase price
of any Products, Accessories or Software that does not conform to this warranty. We
may use functionally equivalent reconditioned/refurbished/pre-owned or new
Products, Accessories or parts. No data, software or applications added to your
Product, Accessory or Software, including but not limited to personal contacts,
games and ringer tones, will be reinstalled. To avoid losing such data, software, and
applications, please create a back up prior to requesting service.
How to Obtain Warranty Service or Other
Information
You will receive instructions on how to ship the Products, Accessories or Software,
at your expense, to a Motorola Authorized Repair Center. To obtain service, you must
include: (a) a copy of your receipt, bill of sale or other comparable proof of purchase;
(b) a written description of the problem; (c) the name of your service provider, if
USA
1-800-734-5870
Canada
1-800-461-4575
TTY
1-888-390-6456
applicable; (d) the name and location of the installation facility (if applicable) and,
most importantly; (e) your address and telephone number.
What Other Limitations are There?
ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY, OTHERWISE
THE REPAIR, REPLACEMENT, OR REFUND AS PROVIDED UNDER THIS EXPRESS
LIMITED WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER, AND IS
PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. IN NO
EVENT SHALL MOTOROLA BE LIABLE, WHETHER IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE) FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF
THE PRODUCT, ACCESSORY OR SOFTWARE, OR FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR LOSS OF REVENUE OR
PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, SOFTWARE OR
APPLICATIONS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION
WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS, ACCESSORIES OR
SOFTWARE TO THE FULL EXTENT THESE DAMAGES MAY BE DISCLAIMED BY LAW.
Some states and jurisdictions do not allow the limitation or exclusion of
incidental or consequential damages, or limitation on the length of an
implied warranty, 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 to state or from one jurisdiction to another.
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