ship, HII, at its sole option, will either repair or replace the product without charge, except for return shipping to HII.

EXCEPT AS MAY BE OTHERWISE PROVIDED BY APPLICABLE LAW, THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER COVENANTS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.

HII’S RESPONSIBILITY AND PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT WITH NEW OR REFURBISHED PARTS. IN NO EVENT SHALL HII BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND, IN NO EVENT, SHALL ANY LIABILITY OF HII ARISING IN CONNECTION WITH ANY PRODUCT SOLD HEREUNDER (WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED ON CON- TRACT, WARRANTY, TORT, OR OTHERWISE) EXCEED THE ACTUAL AMOUNT PAID TO HII FOR THE PRODUCT. THESE LIMITATIONS ON LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT EVEN WHEN HII MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURIES, LOSSES, OR DAMAGES. SOME STATES, PROVINCES, OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

All provisions of this Limited Warranty are separate and severable, which means that if any provision is held invalid and unenforceable, such determination shall not affect the validity of enforceability of the other provisions hereof. Use of any peripherals not provided by the manufacturer may result in damage not covered by this warranty. This includes but is not limited to: cables, power supplies, cradles, and docking stations. HII extends these warranties only to the first end-users of the products. These warranties are non-transferable.

The duration of the limited warranty for the Hyperion 1300g is five (5) years.

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