Motorola XT862 Gebruiksaanwijzing - Pagina 14

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liquids, water, rain, extreme humidity, heavy perspiration or other moisture; sand, food, dirt

or similar substances; (iii) use of the Products for commercial rental 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) 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

LIFE.

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 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.

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.

POWERED.