Motorola DEFY MINI Gebruikershandleiding - Pagina 45

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purposes; or (iv) external causes or acts which are not the fault of Motorola, including but not

limited to flood, fire, earthquake, tornado or other acts of God, are excluded from coverage.

(e) 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. Notwithstanding

the foregoing, any Product which has had its bootloader unlocked, or whose operating

system has been altered, including any failed attempts to unlock the bootloader or alter such

operating system, is not covered by this warranty, regardless of whether such modifications

are authorized, approved, or otherwise sanctioned by Motorola.

(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 hardware, unless otherwise required by applicable local law.

(j) Products that have been refurbished, reconditioned, or remanufactured, except for

Products repaired or replaced pursuant to the terms of this Limited Warranty.

If damage is outside the scope of warranty coverage, repair services may be available, but all

costs associated with such out of warranty repair will be your responsibility.

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.

• 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.

• TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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.

• 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 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.

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