The Company warrants to the original purchaser that the hardware for the ATARI®Flashback 2TMClassic Game Console shall be free from defects in material and workmanship for a period of ninety
(90)days from the date of purchase (the “Warranty Period”). If this product is determined to be defective during the Warranty Period, your remedy shall be limited to either repair or replacement, at the Company’s option, of the Product. You must call
THIS WARRANTY SHALL NOT APPLY IF THIS PRODUCT: (a) IS USED WITH PRODUCTS NOT SOLD WITH THE ATARI®FLASHBACK 2TM CLASSIC GAME CONSOLE OR OTHERWISE AUTHORIZED BY ATARI FOR USE THEREWITH (INCLUDING BUT NOT LIMITED TO
MISUSE, ABUSE, NEGLIGENCE, ACCIDENT, WEAR AND TEAR, UNREASONABLE USE, OR BY OTHER CAUSES UNRELATED TO DEFECTIVE MATERIALS OR WORKMANSHIP; (d) HAS HAD THE SERIAL NUMBER ALTERED, DEFACED OR REMOVED; OR (e) HAS HAD THE WARRANTY SEAL ON THE CONSOLE REMOVED.
THIS WARRANTY DOES NOT COVER PRODUCTS SOLD AS IS OR WITH ALL FAULTS, OR CONSUMABLES (SUCH AS BATTERIES).
PROOF OF PURCHASE IN THE FORM OF A BILL OF SALE OR RECEIPTED INVOICE WHICH IS EVIDENCE THAT THE UNIT IS WITHIN THE WARRANTY PERIOD MUST BE PRESENTED TO OBTAIN WARRANTY SERVICE. REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CONSUMER.
This warranty gives you specific legal rights, and you may also have other rights that vary from state to state or province to province. This warranty is only valid in the United States and Canada.
TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
