Warranty

and (b) comply with Nest Labs’ return shipping instructions. Nest Labs will
have no warranty obligations with respect to a returned Product if it
determines, in its reasonable discretion after examination of the returned
Product, that the Product is an Ineligible Product (defined below). Nest Labs
will bear all costs of return shipping to owner and will reimburse any shipping
costs incurred by the owner, except with respect to any Ineligible Product, for
which owner will bear all shipping costs.
4. WHAT THIS LIMITED WARRANTY 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 in accordance with the User’s Guide or other
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 with Nest Labs
hardware. This Limited Warranty does not cover consumable parts, including
batteries, 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