Limitation Of Liability; Software Technical Support; Warranty Transfer To Another Country - Motion Computing CFT-003 Safety Manual

operation outside the usage parameters stated in the
then current user documentation for the product; or (iv)
use of parts not manufactured or sold by Motion; or
e. Damage or non-functionality due to modifications or
service by anyone other than (i) Motion, (ii) a Motion
authorized service provider, or (iii) your own installation
of end-user replaceable Motion or Motion-approved
parts.

Limitation of liability

IF YOUR MOTION PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE REPAIR OR REPLACEMENT. MOTION'S MAXIMUM
LIABILITY UNDER THIS LIMITED WARRANTY OR RELATED IN
ANY WAY TO THE MOTION PRODUCT IS EXPRESSLY LIMITED
TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE
PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF
ANY HARDWARE COMPONENTS THAT MALFUNCTION IN
CONDITIONS OF NORMAL USE.
MOTION SHALL NOT BE LIABLE FOR ANY DAMAGES
CAUSED BY THE PRODUCT OR THE FAILURE OF THE
PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR
SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES. MOTION SHALL NOT BE LIABLE FOR ANY CLAIM
MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD
PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER
DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS
LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING
NEGLIGENCE AND STRICT PRODUCT LIABILITY), A
CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION
OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY
PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE
EVEN IF MOTION KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF
LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR
PERSONAL INJURY. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER
RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM
COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT
APPLICABLE STATE OR COUNTRY LAWS FOR A FULL
DETERMINATION OF YOUR RIGHTS.

Software technical support

Software technical support is defined as assistance with
questions and issues about the software that was either
preinstalled by Motion on the Motion Product or that was
included with the Motion branded product at the time of
your purchase or lease of the product. Technical support
for software is available for the duration of your warranty
period. Your dated sales or delivery receipt, showing the
date of purchase or lease of the product, is your proof of
the purchase or lease date. You may be required to provide
proof of purchase or lease as a condition of receiving
software technical support. After the first ninety (90) days,
technical support for software that was either preinstalled
by Motion on the Motion Product or included with the
Motion Product at the time of your purchase or lease of the
product is available for a fee.

Warranty transfer to another country

Motion is not responsible for any handling fees, tariffs, or
import duties that may be incurred in transferring the
Products. Products and software may be covered by export
controls issued by the United States or other governments.
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