36SX66 User Manual
9. Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICEN- SOR OR LICENSOR’S SOFTWARE SUPPLIERS OR THEIR RESPECITVE AFFILIATES AND EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR OR ITS SOFTWARE SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES/STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF LICENSOR, ITS SOFTWARE SUPPLIERS AND THEIR RESPECTIVE AF- FILIATES AND EMPLOYEES SHALL BE LIMITED TO, AT LICENSOR’S OPTION, EITHER (A) RETURN OF THE PRICE PAID LESS A REASONABLE AMOUNT FOR USAGE, OR (B) REPAIR OR REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY PROVIDED WITH THE PHONE AND WHICH IS RETURNED IN ACCORDANCE WITH THE REQUIREMENTS OF THE LIMITED WARRANTY.
Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer. Nothing contained in this Agreement limits Licensor’s liability to You in the event of death or personal injury resulting from Licensor’s negligence if law prohibits such a limitation. Licensor is acting on behalf of its software suppliers and their respective employees and affiliates for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this clause 9, but in no other respects and for no other purpose.
10. Technical support.
Licensor has no obligation to furnish You with technical support except as agreed in writing between You and Licensor in the Limited Warranty provided with the phone.
11. Upgrades and Recovery Media.
Phone Software
If the phone Software is provided separate from the phone on media such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labeled “For Upgrade Purposes Only”, You may install one (1) copy of such Software onto the phone as a replacement copy for the existing phone Software, and use it in accordance with this Agreement, including any
additional EULA terms accompanying the upgrade software.
