En_CB2455.book Page 11 Wednesday, June 8, 2005 9:32 AM
8.The limited warranty does not apply to:
a.Damage caused by normal wear and tear, abnormal use or conditions, misuse, neglect, abuse, accident, improper handling or storage, exposure to moisture, unauthorized modifications, alterations, or repairs, improper installation, improper use of any electrical source, undue physical or electrical stress, operator error,
b.Damage from external causes such as floods, storms, fires, sand, dirt, earthquakes, an Act of God, exposure to sunlight, weather, moisture, heat, or corrosive environments, electrical surges, battery leakage, theft, or damage caused by the connection to other products not recommended for interconnection by Creative.
c.Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future software and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction or defect of the Product.
d.Counterfeit products or any accompanying products not bearing a Creative serial number provided with the Product, or in the case of communications products, the use of the Product outside the borders of the country intended for use (as indicated by local telecommunication approval stickers).
e.Any Product that has had its serial number altered, defaced or removed.
f.Any defect occurring after the expiration of the Warranty Period or where Creative was not advised in writing of an alleged defect or malfunction within seven (7) days after the expiration of the Warranty Period.
9.Creative's limit of liability under the limited warranty is the actual cash value of the Product at the time You return the Product for repair (e.g., the purchase price of the Product less a reasonable amount for usage). Creative will not be liable for any other losses or damages. These remedies are Your exclusive remedies for breach of warranty. Any action or lawsuit for breach of warranty must be commenced within eighteen (18) months following the purchase of the Product.
10.THE FOREGOING LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE HEREBY DISCLAIMS THE APPLICABILITY OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE FOR THE PRODUCT. IF SUCH A DISCLAIMER IS PROHIBITED BY APPLICABLE LAW, THE IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY.
11.CREATIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, SAVINGS, DATA, OR LOSS OF USE, ANY THIRD PARTY CLAIMS, AND ANY INJURY TO PROPERTY OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON, ARISING FROM OR RELATING TO THE USE OF THIS PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR STRICT LIABILITY, EVEN IF CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.This warranty gives You specific legal rights. You may also have other rights, which vary from state to state and country to country. Some states and countries do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You.
13.This is the entire warranty between You and Creative and supercedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein will modify these terms.
Version 2.0 June 2004
11