Owner's Manual

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by

the

owner,

except

with

respect

to

any

Ineligible

Product,

for

which

owner

will

bear

all

shipping

costs.

4. WHATTHISLIMITEDWARRANTY

DOES

NOT

COVER

This

Limited

Warranty

does

not

cover

the

following

(collectively

"Ineligible

Products"):

(i)

Products

marked

as

"sample"

or

"Not

for

Sale", or

sold

"AS IS";

(ii)

Products

that

have

been

subject

to:

(a)

modifications

,

alterations,

tampering,

or

improper

maintenance

or

repairs;

(b)

handling,

storage,

installation,

testing,

or

use

not

1n

accordance

with

the

User's

Guide,

Placement

Guidelines,

or

othe

r

instructions

provided

by

Nest

Labs;

(c)

abuse

or

misuse

of

the

Product;

(d)

breakdowns,

fluctuations,

or

interruptions

in

electric

power

or

the

telecommunications

network;

or

(e)

Acts

of

God,

including

but

not

limited

to

lightning,

flood,

tornado,

earthquake,

or

hurricane:

or

(iii)

any

non

-

Nest

Labs

branded

hardware

products,

even

if

packaged

or

sold

w1th

Nest

Labs

hardware.

This

Limited

Warranty

does

not

cover

consu

mabie

parts,

including

battenes,

unless

damage

is

due

to

defects

in

materials

or

workmanship

of

the

Product,

or

software

(even

if

packaged

or

sold

with

the

product).

Nest

Labs

recommends

that

you use

only

authorized

service

providers

for

maintenance

or

repair.

Unauthorized

use

of

the

Product

or

software

can

impair

the

Product's

performance

and

may

invalidate

this

Limited

Warranty.

5. DISCLAIMER

OF

WARRANTIES

EXCEPT AS STATED ABOVE IN

THIS

LIMITED

WARRANTY, AND

TO

THE

MAXIMUM

EXTENT

PERMITTED

BY

APPLICABLE LAW, NEST

LABS

DISCLAIMS

ALL EXPRESS, IMPLIED, AND STATUTORY

WARRANTIES AND CONDITIONS WITH RESPECT

TO

THE PRODUCT. INCLUDING THE IMPLIED

WARRANTIES

OF

MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE. TO THE

MAXIMUM

EXTENT PERMITTED

BY

APPLICABLE LAW, NEST

LABS

ALSO LIMITS THE DURATION

OF

ANY

APPLICABLE IMPLIED WARRANTIES

OR

CONDITIONS

TO

THE DURATION OF THIS LIMITED WARRANTY.

6. LIMITATION

OF

DAMAGES

IN ADDITION

TO

THE ABOVE WARRANTY

DISCLAIMERS. IN

NO

EVENT WILL NEST LABS BE

LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL.

EXEMPLARY,

OR

SPECIAL DAMAGES, INCLUDING

ANY DAMAGES

FOR

LOST DATA

OR

LOST PROFITS,

ARISING FROM

OR

RELATING

TO

THIS LIMITED

WARRANTY

OR

THE PRODUCT, AND NEST

LABS'

TOTAL CUMULATIVE LIABILITY ARISING FROM

OR

RELATED

TO

THIS LIMITED WARRANTY

OR

THE

PRODUCT WILL NOT EXCEED THE

AMOUNT

ACTUALLY PAID

FOR

THE PRODUCT

BY

THE ORIG I

NAL

PURCHASER.