Motorola MILESTONE 3 XT861 MILESTONE MAXX User Guide - Page 46

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 44 Safety, Regulatory & Legal 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. • DATA BACKUP: ALL INFORMATION, DATA, SOFTWARE OR OTHER APPLICATIONS, INCLUDING BUT NOT LIMITED TO PERSONAL CONTACTS, ADDRESS BOOKS, PICTURES, MUSIC AND GAMES 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, REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION AND DISABLE ANY SECURITY PASSWORDS. YOU WILL BE RESPONSIBLE FOR REINSTALLING ALL SUCH INFORMATION, DATA, SOFTWARE, OTHER APPLICATIONS AND PASSWORDS. MOTOROLA AND/OR ITS AUTHORIZED SERVICE CENTERS ARE NOT RESPONSIBLE FOR THE LOSS OR MISUSE OF ANY DATA, FILES, CONTENT, APPLICATIONS AND PROGRAMS WHEN THE PRODUCT IS DELIVERED FOR WARRANTY SERVICE. YOUR PRODUCT OR A REPLACEMENT PRODUCT WILL BE RETURNED TO YOU AS YOUR PRODUCT WAS CONFIGURED WHEN ORIGINALLY PURCHASED, SUBJECT TO APPLICABLE SOFTWARE UPDATES. MOTOROLA MAY INSTALL OPERATING SYSTEM SOFTWARE UPDATES AS PART OF WARRANTY SERVICE THAT MAY PREVENT THE PRODUCT FROM REVERTING TO AN EARLIER VERSION OF THE OPERATING SYSTEM SOFTWARE. THIRD PARTY APPLICATIONS INSTALLED ON THE PRODUCT MAY NOT BE COMPATIBLE OR WORK WITH THE PRODUCT AS A RESULT OF THE OPERATING SYSTEM SOFTWARE UPDATE. MOTOROLA AND ITS AUTHORIZED SERVICE CENTERS ARE NOT RESPONSIBLE FOR THE LOSS OF, OR INABILITY TO USE, SUCH INFORMATION, DATA, SOFTWARE OR OTHER APPLICATIONS. • WARNING AGAINST UNLOCKING THE BOOTLOADER OR ALTERING A PRODUCT'S OPERATING SYSTEM SOFTWARE: MOTOROLA STRONGLY RECOMMENDS AGAINST ALTERING A PRODUCT'S OPERATING SYSTEM, WHICH INCLUDES UNLOCKING THE BOOTLOADER, ROOTING A DEVICE OR RUNNING ANY OPERATING SOFTWARE OTHER THAN THE APPROVED VERSIONS ISSUED BY MOTOROLA AND ITS PARTNERS. SUCH ALTERATIONS MAY PERMANENTLY DAMAGE YOUR PRODUCT, CAUSE YOUR PRODUCT TO BE UNSAFE AND/OR CAUSE YOUR