Motorola XYBOARD 10.1 Wi-Fi Legal Guide - Page 22

What Other Limitations are There?, IN NO EVENT SHALL MOTOROLA BE LIABLE, WHETHER IN CONTRACT

Page 22 highlights

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. • 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, 20 Safety, Regulatory & Legal EN

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20
Safety, Regulatory & Legal
EN
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.
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,