59Product Safety & Legal
(c)
Damage caused by use with non-Motorola products.
Defects or damage that result
from the use of non-Motorola branded or certified Products, accessories or other peripheral
equipment, including without limitation housings, parts, or software, are excluded from
coverage.
(d)
Damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or
other external causes
; including but not limited to: (i) improper usage or operation (e.g.
operating the Product outside their permitted or intended uses as defined by Motorola,
including but not limited to as set forth by Motorola in the Products' User Manual, Quick Start
Guide, Online Tutorials, and other documentation), improper storage (e.g. subjecting the
Product to extreme temperatures), abuse or neglect (e.g. broken/bent/missing
clips/fasteners/connectors); impact damage (e.g. dropping the Product) (ii) contact with
liquids, water, rain, extreme humidity, heavy perspiration or other moisture; sand, food, dirt or
similar substances (except for Products sold as resistant to such substances, but only to the
extent the damage was not caused by incorrectly securing the phone's protective elements or
subjecting the Product to conditions beyond its stated specifications or limits); (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)
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. Notwithstanding the
foregoing, any Product which has had its bootloader unlocked, or whose operating system
has been altered, including any failed attempts to unlock the bootloader or alter such
operating system, is not covered by this warranty, regardless of whether such modifications
are authorized, approved, or otherwise sanctioned by Motorola.
(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 hardware, unless otherwise required by
applicable local law.
(j)
Products that have been refurbished, reconditioned, or remanufactured
, except for
Products repaired or replaced pursuant to the terms of this Limited Warranty.
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.
