Motorola XOOM Legal Guide - Page 18

This Limited Warranty applies only to new Products which are a) manufactured by or for Motorola as identified by the "Motorola" trademark, trade name, or logo legally affixed to them; b) purchased by consumers from an authorized reseller or distributor of Motorola Products; and c) accompanied by this written Limited Warranty. What Will Motorola Do? If a covered defect or damage arises and a valid warranty claim is received within the applicable Warranty Period, Motorola, at its sole option, unless otherwise required by applicable law, 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 replacement Product that is new or which has been reconditioned/refurbished or otherwise remanufactured from new or used parts and is functionally equivalent to the original Product; or (3) refund the purchase price of any Products covered by 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 replacement or refund is given, the Product for which the replacement or refund is provided must be returned to Motorola and shall become the property of Motorola. Exclusions (Products and Accessories) This warranty does not apply to: (a) Consumable parts, such as batteries, unless its fully charged capacity falls below 50% of their rated capacity within the first year from the date of purchase; or protective coatings designed to diminish over time unless failure has occurred due to a defect in materials or workmanship. (b) Cosmetic damage, including but not limited to scratches, dents, cracks or other cosmetic damage. (c) Damage caused by use with 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. (d) Damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external causes; including but not limited to: (i) improper usage or operation (e.g. operating the Product outside their permitted or intended uses as defined by Motorola, including but not limited to as set forth by Motorola in the Products' User Manual, Quick Start Guide, Online Tutorials, and other documentation), improper storage (e.g. subjecting the Product to extreme temperatures), abuse or neglect (e.g. broken/bent/missing clips/fasteners/connectors); impact damage (e.g. dropping the Product) (ii) contact with 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) 16 SAFETY, REGULATORY, & LEGAL