Siemens Gigaset DE380 IP R - Manual (Page 62)

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Appendix
7. DISCLAIMER OF WARRANTIES
GIGASET USA AND ITS SUPPLIERS PROVIDE THE PRODUCT AND SUPPORT SERVICES (IF
ANY) AS IS AND WITH ALL FAULTS. THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER
EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING
EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW IS IN LIEU OF ANY IMPLIED OR STATUTORY WARRANTIES, 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
PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE,
QUIET ENJOYMENT, QUIET POSSESSION, OR CORRESPONDENCE TO DESCRIPTION OR
NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. Some states or provinces do not
allow limitations on how long an implied warranty lasts or the exclusion or limitation of
incidental or consequential damages, so the above exclusions 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 implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOV-
ERED DURING THE PERIOD OF THIS LIMITED WARRANTY (ONE YEAR). AS TO ANY DEFECTS
DISCOVERED AFTER THE ONE YEAR PERIOD, THERE IS NO WARRANTY OR CONDITION 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 GIGASET USA's liability exceed the cost of repair-
ing or replacing defective Products as provided herein, and any such liabilities will termi-
nate 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 war-
ranty or condition, 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
GIGASET USA, 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 INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO
MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLI-
GENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) 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 OTHERWISE 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 GIGASET USA OR SELLER OR ANY SUPPLIER, AND EVEN IF
GIGASET USA OR SELLER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. REPAIR OR REPLACEMENT, AS PROVIDED UNDER THE WARRANTY, IS
YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE LIMITED WARRANTY.
9. LIMITATION OF LIABILITY AND REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSO-
EVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL
DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF GIGASET USA, SELLER AND
ANY OF THEIR SUPPLIERS UNDER ANY PROVISION OF THIS LIMITED WARRANTY AND YOUR
EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR
OR REPLACEMENT ELECTED BY GIGASET USA OR SELLER OR SUPPLIER WITH RESPECT TO
ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE