Motorola DROID XYBOARD 10.1 DROID XYBOARD Legal Guide - Page 25

(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. 23