Manufacturer’s Warranty 127
If damage is outside the scope of warranty coverage, repair services may be available, but all
costs associated with such out of warranty repair will be your responsibility.
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.
■ 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