71
including but not limited to flood, fire, earthquake, tornado or other acts of God, are
excluded from coverage.
(e)
Damage caused by unauthorized Service or Modification.
Defects or
damage resulting from service, testing, adjustment, installation, maintenance,
alteration, or modification in any way, including but not limited to tampering with or
altering the software, by someone other than Motorola, or its authorized service
centers, are excluded from coverage.
(f)
A product or part that has been modified in any manner without the
written permission of Motorola.
Products that have been altered in any manner
so as to prevent Motorola from determining whether such Products are covered
under the terms of this Limited Warranty are excluded from coverage. The forgoing
shall include but not be limited to (i) serial numbers, date tags or other manufacturer
coding that has been removed, altered or obliterated; (ii) mismatched or duplicated
serial numbers; or (iii) broken seals or other evidence of tampering. Do not open the
Product or attempt to repair the Product yourself; such conduct may cause damage
that is not covered by this warranty.
(g)
Normal wear and tear or otherwise due to the normal aging of the
Product.
(h)
Defects, damages, or the failure of the Product due to any
communication service or network you subscribe to or use with the
Products.
(i)
All software, including operating system software, third-party software,
applications, and all other software of any kind.
Software distributed by
Motorola is provided “AS-IS” and “AS AVAILABLE,” “WITH ALL FAULTS” and
without a warranty of any kind. The Limited Warranty does not apply to any
non-Motorola product or any software, even if packaged or sold with the Motorola
Product hardware, unless otherwise required by applicable local law.
(j)
Products that have been refurbished, reconditioned, or remanufactured.
The foregoing does not apply to Products repaired or replaced pursuant to the terms
of this Limited Warranty.
What Other Limitations are There?
TO THE EXTENT PERMITTED BY APPLICABLE LAW:
•
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.
•
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
