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What Other Limitations Are There - Motorola XT862 Instruction Manual

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Safety, Regulatory & Legal
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)
external causes or acts which are not the fault of Motorola, including but not limited to
flood, fire, earthquake, tornado or other acts of God, are excluded from coverage.
(e) Damage caused by unauthorized Service or Modification. Defects or damage
resulting from service, testing, adjustment, installation, maintenance, alteration, or
modification in any way, including but not limited to tampering with or altering the
software, by someone other than Motorola, or its authorized service centers, are excluded
from coverage.
(f) A product or part that has been modified in any manner without the written
permission of Motorola. Products that have been altered in any manner so as to prevent
Motorola from determining whether such Products are covered under the terms of this
Limited Warranty are excluded from coverage. The forgoing shall include but not be limited
to (i) serial numbers, date tags or other manufacturer coding that has been removed,
altered or obliterated; (ii) mismatched or duplicated serial numbers; or (iii) broken seals or
other evidence of tampering. Do not open the Product or attempt to repair the Product
yourself; such conduct may cause damage that is not covered by this warranty.
(g) Normal wear and tear or otherwise due to the normal aging of the Product.
(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
LIFE.
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, 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 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.
In the event that any term or provision contained in this Limited Warranty is found to be
invalid, illegal or unenforceable by a court of competent jurisdiction, then such provision
shall be deemed modified to the extent necessary to make such provision enforceable by
such court, taking into account the intent of the parties. The invalidity in whole or in part of
any portion of this Limited Warranty shall not impair or affect the validity or enforceability
of the remaining provisions of this Limited Warranty.
POWERED.

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