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Appendix
7. DISCLAIMER OF WARRANTIES
GIGASET NAM 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 NONIN-
FRINGEMENT WITH REGARD TO THE PRODUCT.
Some states/jurisdictions/provinces do not
allow limitations on how long an implied war-
ranty lasts or the exclusion or limitation of inci-
dental or consequential damages, so the above
exclusions or limitations may not apply to you.
If an implied warranty or condition is created by
your state/province and federal or state/provin-
cial law prohibits disclaimer of it, you also have
an 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/
province to province. In no event shall Gigaset
NAM's liability 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.
20
8. EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL GIGASET
NAM, 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 REASONA-
BLE 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
GIGASET NAM OR SELLER OR ANY SUPPLIER,
AND EVEN IF GIGASET NAM OR SELLER OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBIL-
ITY OF SUCH DAMAGES. REPAIR OR REPLACE-
MENT, 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 WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAM-
AGES REFERENCED ABOVE AND ALL DIRECT OR
GENERAL DAMAGES), THE ENTIRE LIABILITY OF
GIGASET NAM, SELLER AND ANY OF THEIR SUP-
PLIERS 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 NAM OR SELLER OR SUPPLIER WITH
RESPECT TO ANY BREACH OF THE LIMITED WAR-
RANTY) SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE
PRODUCT OR FIVE DOLLARS ($5.00 USD/CAN).
THE FOREGOING LIMITATIONS, EXCLUSIONS
AND DISCLAIMERS SHALL APPLY TO THE MAXI-
MUM EXTENT PERMITTED BY APPLICABLE LAW,
EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PUR-
POSE.
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