Motorola Motoluxe Manual page 43

• 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 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 PRODUCT TO MALFUNCTION. IN SUCH CASES, NEITHER THE PRODUCT
NOR ANY DAMAGE RESULTING THEREFROM WILL BE COVERED BY THIS WARRANTY.
• IMPORTANT FCC INFORMATION: YOU MUST NOT MAKE OR ENABLE ANY CHANGES TO
THE PRODUCT THAT WILL IMPACT ITS FCC GRANT OF EQUIPMENT AUTHORIZATION. THE FCC
GRANT IS BASED ON THE PRODUCT'S EMISSION, MODULATION, AND TRANSMISSION
CHARACTERISTICS, INCLUDING: POWER LEVELS, OPERATING FREQUENCIES AND
BANDWIDTHS, SAR LEVELS, DUTY-CYCLE, TRANSMISSION MODES (E.G., CDMA, GSM), AND
INTENDED METHOD OF USING THE PRODUCT (E.G., HOW THE PRODUCT IS HELD OR USED IN
PROXIMITY TO THE BODY). A CHANGE TO ANY OF THESE FACTORS WILL INVALIDATE THE FCC
GRANT. IT IS ILLEGAL TO OPERATE A TRANSMITTING PRODUCT WITHOUT A VALID GRANT.
Safety, Regulatory & Legal 41