Verizon V100 User Manual page 35

V100_V100AM / USA EN / A31008-M1908-R301-1-6019 / appendix.fm / 12.3.08
Appendix
or that all defects in the software products will
be corrected.
6. LIMITATION ON REMEDIES; NO
CONSEQUENTIAL OR OTHER
DAMAGES
Your exclusive remedy for any breach of this
Limited Warranty is as set forth above. Except
for any refund elected by Siemens, YOU ARE
NOT ENTITLED TO ANY DAMAGES, INCLUD-
ING BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, if the Product does not meet the
Limited Warranty, and, to the maximum extent
allowed by applicable law, even if any remedy
fails of its essential purpose. The terms below
("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated
into this Limited Warranty. Some states/jurisdic-
tions do not allow the exclusion or limitation of
incidental or consequential damages, so the
above limitation or exclusion may not apply to
you. This Limited Warranty gives you specific
legal rights. You may have others which vary
from state/jurisdiction to state/jurisdiction.
7. DISCLAIMER OF WARRANTIES
SIEMENS AND ITS SUPPLIERS PROVIDE THE
PRODUCT AND SUPPORT SERVICES (IF ANY) AS
IS AND WITH ALL FAULTS. THE LIMITED WAR-
RANTY IS IN LIEU OF ANY OTHER EXPRESS WAR-
RANTIES (IF ANY) CREATED BY ANY DOCUMEN-
TATION OR PACKAGING EXCEPT FOR THE LIM-
ITED WARRANTY, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW IS IN
LIEU OF ANY IMPLIED OR STATUTORY WARRAN-
TIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY OR COMPLETENESS OR RESPONSES,
OF RESULTS, OF WORKMANLIKE EFFORT, OF
LACK OF VIRUSES AND OF LACK OF NEGLI-
GENCE, ALL WITH REGARD TO THE PRODUCT,
AND THE PROVISION OF OR FAILURE TO PRO-
VIDE SUPPORT SERVICES. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, OR CORRE-
SPONDENCE TO DESCRIPTION OR NON-
INFRINGEMENT WITH REGARD TO THE PROD-
UCT. Some states or provinces do not allow lim-
itations on how long an implied warranty lasts
or the exclusion or limitation of incidental or
consequential damages, so the above exclu-
sions or limitations may not apply to you
(applies only in the U.S. and Canada). If an
implied warranty or condition is created by your
state/province and federal or state/provincial
law prohibits disclaimer of it, you also have an
34
implied warranty or condition, BUT ONLY AS TO
DEFECTS DISCOVERED DURING THE PERIOD OF
THIS LIMITED WARRANTY (ONE YEAR). AS TO
ANY DEFECTS DISCOVERED AFTER THE ONE
YEAR PERIOD, THERE IS NO WARRANTY OR CON-
DITION OF ANY KIND. This limited warranty
gives you specific legal rights, and you may also
have other rights which vary from state to state
or from province to province (applies only in the
U.S. and Canada). In no event shall Siemens' lia-
bility exceed the cost of repairing or replacing
defective Products as provided herein, and any
such liabilities will terminate upon expiration of
the warranty period.
Any supplements or updates to the Product or
the software in the Product, including without
limitation, any (if any) software fixes or
upgrades or bug fixes provided to you after the
expiration of the one year Limited Warranty
period are not covered by any warranty or con-
dition, express, implied or statutory.
8. EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL SIE-
MENS, SELLER OR THEIR SUPPLIERS BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS OR CONFIDENTIAL OR
OTHER INFORMATION, FOR BUSINESS INTER-
RUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASON-
ABLE CARE, FOR NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSO-
EVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE
THE PRODUCT, THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT SERVICES, OR OTHER-
WISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS LIMITED WARRANTY, EVEN
IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF
CONTRACT OR BREACH OF WARRANTY OF SIE-
MENS OR SELLER OR ANY SUPPLIER, AND EVEN
IF SIEMENS OR SELLER OR ANY SUPPLIER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. REPAIR OR REPLACEMENT, AS PRO-
VIDED UNDER THE WARRANTY, IS YOUR SOLE
AND EXCLUSIVE REMEDY FOR BREACH OF THE
LIMITED WARRANTY.