Cricket Communications A100 User Manual
Page 42

USE; WARRANTIES OF TITLE OR
NON-INFRINGEMENT;
DESIGN,
CONDITION,
QUALITY,
OR
PERFROMANCE OF THE PRODUCT;
THE WORKMANSHIP OF THE
PRODUCT OR THE COMPONENTS
CONTAINDED
THEREIN;
OR
COMPLIENT OF THE PRODUCT
WITH THE REQUIREMENTS OF
ANY LAW, RULE, SPECIFICATION
OR
CONTRACT
PERTAINING
THERETO.
11. CRICKET SHALL NOT BE LIABLE
FOR
SPECIAL,
INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF ANTICIPATED
BENEFITS OR PROFITS, LOSS OF
SAVINGS OR REVENUE, LOSS OF
DATA, PUNITIVE DAMAGES, LOSS
OF USE OF THE PRODUCT OR
ANY ASSOCIATED EQUIPMENT,
COST OF CAPITAL, COST OF ANY
SUBSTITUTE EQUIPMENT OR
FACILITIES,
DOWNTIME,
THE
CLAIMS OF ANY THIRD PARTIES,
INCLUDING CUSTOMERS, AND
INJURY TO PROPERTY, RESULTING
FROM THE PURCHASE OR USE OF
THE PRODUCT OR ARISING FROM
BREACH OF THE WARRANTY,
BREACH
OF
CONTRACT,
NEGLIGENCE, STRICT TORT, OR
ANY OTHER LEGAL OR EQUITABLE
THEORY, EVEN IF CRICKET KNEW
OF THE LIKELIHOOD OF SUCH
DAMAGES. CRICKET SHALL NOT BE
LIABLE
FOR
DELAY
IN
RENDERING SERVICE UNDER THE
LIMITED WARRANTY, OR LOSS OF
USE DURING THE PERIOD THAT
THE PRODUCT IS BEING REPAIRED.
NOTHING CONTAINED IN THE
INSTRUCTION MANUAL SHALL
BE CONSTRUED TO CREATE
AN EXPRESS WARRANTY OF
ANY KIND WHATSOEVER WITH
RESPECT TO THE PRODUCT.
ALL IMPLIED WARRANTIES AND
CONDITIONS THAT MAY ARISE BY
OPERATION OF LAW, INCLUDING
IF APPLICABLE THE IMPLIED
WARRANTIES
OF
MERCHANTABILITY AND FITNESS
42
Warranty