Warranty

other than Nest Labs or Nest Labs’ authorized representatives; (b) handling,
storage, installation, testing, or use not in accordance with the applicable
Documentation; (c) abuse, negligence, neglect, accidents, abuse or misuse; (d)
any breakdowns, fluctuations, or interruptions in electric power or the
telecommunications network; or (e) any Acts of God, including fire, flood,
tornado, earthquake, hurricane, excessive snow, lightning, riot, insurrection, act of
war or other disaster.
6. !
7. Warranty Disclaimer. EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS
LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN “AS IS”
BASIS, AND NEST LABS DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED,
EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET
ENJOYMENT, AND ACCURACY. NEST LABS DOES NOT WARRANT
THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR
UNINTERRUPTED OR THAT THE PRODUCTS WILL IN EVERY CASE
PROCESS ALL DATA CORRECTLY. LIMITATION OF LIABILITY
8. !
9. 1. IN NO EVENT WILL (A) NEST LABS BE LIABLE FOR ANY
CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL
DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST
PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY
OR THE PRODUCTS, EVEN IF NEST LABS KNEW OR SHOULD HAVE
KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) NEST
LABS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED
TO THIS LIMITED WARRANTY AND THE PRODUCTS, WHETHER IN
CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY
PAID BY CUSTOMER TO NEST LABS OR NEST LABS’ AUTHORIZED
RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR 12 MONTHS (IF
ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE
INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR
CLAIM. NEST LABS DISCLAIMS ALL LIABILITY OF ANY KIND OF
NEST LABS’ SUPPLIERS. 2. THE NEST LABS ONLINE SERVICES
(“SERVICES”) PROVIDE YOU INFORMATION (“PRODUCT
INFORMATION”) REGARDING YOUR ENERGY USE AND YOUR
THERMOSTATS, HVAC, OR OTHER PERIPHERALS CONNECTED TO
YOUR PRODUCT (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT
PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY
CHANGE FROM TIME TO TIME. THE SERVICES MAY BE USED TO
CONTROL YOUR PRODUCT PERIPHERALS (VIA THE PRODUCT). FOR