Use of Non-Motorola Products. Defects or damage that result from the use of non-Motorola branded or certified Products, accessories or other peripheral equipment, including without limitation housings, parts, or software, are excluded from coverage.
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.
Communication Services. Defects, damages, or the failure of Products due to any communication service or network you subscribe to or use with the Products is excluded from coverage.
Software. Aftermarket software (i.e. all software other than the original operating software sold with the Product), is excluded from coverage.
Refurbished/Reconditioned/Remanufactured Products. Products that have been refurbished, reconditioned, or remanufactured are not covered by 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. TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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 PRODUCT OR SOFTWARE COVERED UNDER THIS LIMITED WARRANTY WILL MEET YOUR REQUIREMENTS, WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE APPLICATIONS, BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT RISK TO, OR LOSS OF, ANY INFORMATION, DATA, SOFTWARE OR APPLICATIONS CONTAINED THEREIN, OR THAT DEFECTS IN THE PRODUCT OR SOFTWARE WILL BE CORRECTED. TO
THE EXTENT PERMITTED BY APPLICABLE LAW, 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 PRODUCT, 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 PRODUCT); OR OTHER FINANCIAL LOSS ARISING
OUT OF OR IN CONNECTION WITH THE ABILITY OR INABILITY TO USE THE PRODUCTS. Some countries, states, provinces or 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 country, state, province or jurisdiction.
CONSUMER PROTECTION LAWS:
FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS LIMITED WARRANTY ARE
IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.
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. This Limited Warranty shall be governed by and construed under the laws of the country, state, province or jurisdiction in which the purchase of the Product took place. The Motorola entity identified at the end of this Limited Warranty in
accordance with where the purchase of the Product took place shall be deemed the warrantor under this Limited Warranty. No oral or written representations made by Motorola or any Product seller, reseller or distributor, 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.
What Will Motorola Do? If a warranted defect or damage arises and a valid warranty claim is received within the Warranty Period, Motorola, at its sole option, will either (1) repair, at no charge, the defect or damage using new, used or
reconditioned/refurbished functionally equivalent replacement parts; or (2) exchange the Product with a Product that is new or which has been reconditioned/refurbished or otherwise remanufactured from new or used parts and is at least functionally equivalent to the original Product; or (3) refund the purchase price of any Products that do not conform to the terms and conditions of this Limited Warranty. Products, parts and supporting documentation provided to Motorola as part of the
warranty process, shall become the property of Motorola, and may not be returned. When a refund is given, the Product for which the refund is provided must be returned to Motorola and shall become the property of Motorola.
If your Product is capable of storing information, data, software or other applications, including but not limited to personal contacts, address books, pictures, music, games and ring tones, you should make periodic backup copies of such information, data, software or other applications contained in the Product's memory or other media storage as a precaution against possible operational failures. Additionally, such information, data, software or other applications will be erased during the
repair process, and can not be reinstalled by Motorola. To avoid losing such information, data, software or other applications please create a back up before you deliver your Product for warranty service, and disable any security passwords. You
will be responsible for reinstalling all such information, data, software, other applications and passwords. Motorola and its Authorized Service Centers are not responsible for the loss of such information, data, software or other applications.
How to Obtain Warranty Service or Other Information? Please access and review the online Customer Support section of Motorola’s consumer website prior to requesting warranty service. If the Product is still not functioning properly after making use of this resource, please contact the Motorola entity listed below for the country or region where you purchased the Product (Note: if the Product is not commercially distributed in such country or region by the wireless carrier (excluding
agents), any service provided will be limited to the options available in the country or region where the service is requested. Service options, parts availability and response times will vary according to country or region). A representative of Motorola,
or of a Motorola Authorized Repair Center, will help determine whether your Product requires service. You may be required to download, or otherwise obtain and accept software upgrades from Motorola or a Motorola Authorized Repair Center.
Complying with repair instructions and accepting such software upgrades is required in order to receive additional warranty support. If the software upgrade does not fix the problem, you will receive instructions on how to ship the Products, at your
expense, to a Motorola Authorized Repair Center or other entity. To obtain service, as permitted by applicable law, you are required to 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 applicable; (d) the name and location of the installation facility (if applicable) and, most importantly; (e) your address and telephone number. Motorola or a Motorola Authorized Repair Center will
provide warranty service on Products that are presented for service during the Warranty Period, as permitted by law.
3.27.2006