Page 234 Products or parts shipped by Customer to Handspring must be sent prepaid and pack-
aged appropriately for safe shipment, and it is recommended that they be in sured or
sent by a method that provides for tracking of the package. When an advance exchange
is provided and Customer fails to return the original product or part to Handspring
within thirty (30) days from the date the warranty service authorization is issued, Hand-
spring will charge Customer the then current published catalogue pric e of such product
or part.
WARRANTIES EXCLUSIVE: IF THIS PRODUCT DOES NOT OPERATE AS WAR-
RANTED ABOVE, CUSTOMER'S SOLE REMEDY FOR BREACH OF THAT WAR-
RANTY SHALL BE REPLACEMENT OR REPAIR OF THE PRODUCT OR PART OR
REFUND OF THE PURCHASE PRICE PAID, AT HANDSPRING'S OPTION. TO THE
FULL EXTENT ALLOWED BY LAW, THE FORE GOING WARRANTIES AND REME-
DIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS,
OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF
LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON
INFRINGEMENT, ALL OF WHICH ARE EXPRE SSLY DISCLAIMED BY HAND-
SPRING and ITS SUPPLIERS. HANDSPRING NEITHER ASSUMES NOR AUTHORIZ-
ES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN
CONNECTION WITH THE SALE, INST ALLATION, MAINTENANCE OR USE OF
ITS PRODUCTS.
HANDSPRING AND ITS SUPPLIERS SHALL NOT BE LIABLE UNDER THIS WAR-
RANTY IF ITS TESTING AND EX AMINATION DISC LOSE THAT THE AL LEGED DE-
FECT OR MALFUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED
BY CUSTOMER'S OR ANY THIRD PERSON'S MISUSE, NEGLECT, IMPROPER IN-
STALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO OPEN, REPAIR, OR
MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE
INTENDED USE, OR BY ACCIDENT, FIR E, LIGHTNING, OTHER HAZARDS, OR
ACTS OF GOD. THIS WARRANTY DOES NOT COVER PHYSICAL DAMAGE TO
THE SURFACE OF THE PRODUCT, INCLUDING CRACKS OR SCRATCHES ON
THE LCD TOUCHSCREEN OR OUTSIDE CASING. THIS WARRANTY DOES NOT
APPLY WHEN THE MALFUNCTION RESUL TS FROM THE USE OF THIS PRO DUCT
IN CONJUNCTION WITH ACCESSORIES, OTHER PRODUCTS, OR ANCILLARY OR
PERIPHERAL EQUIPMENT AND HANDSPRING DETERMINES THAT THERE IS
NO FAULT WITH THE PRODUCT ITSELF. TH IS WARRANTY DOES NOT APP LY TO
ANY MALFUNCTION OR FAILURE OF THE PRODUCT OR PART DUE TO ANY
COMMUNICATION SERVICE CUSTOME R MAY SUBSCRIBE TO OR USE WITH THE
PRODUCT.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW, HAND-
SPRING ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY,
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR IN-
CIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF
ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN
CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PER-
FORMANCE, FAILURE, OR INTERRUPTION OF THIS PRODUCT, EVEN IF HAND-
SPRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
LIMITS ITS LIABILITY TO REPLACEMENT , REPAIR, OR REFUND OF THE PUR-
CHASE PRICE PAID, AT HANDSPRING'S OPTION. THIS DISCLAIMER OF LIABIL-
ITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED
HEREIN SHALL FAIL OF ITS ESSEN TIAL PURPOSE.