User's Manual

14 R001 Safety and Regulatory Guide
MOTION DOES NOT WARRANT SOFTWARE PRODUCTS,
INCLUDING ANY SOFTWARE PRODUCTS OR THE
OPERATING SYSTEM PREINSTALLED BY MOTION. Motion's
only obligations with respect to software distributed by
Motion under the Motion brand name are set forth in the
applicable end-user license or program license agreement.
Non-Motion hardware and software products are provided
“AS IS.” However, non-Motion manufacturers, suppliers, or
publishers may provide their own warranties directly to
you.
Warranty exclusions
This Limited Warranty does not extend to:
a. Expendable parts;
b. Any product from which the serial number has been
removed or altered;
c. Cosmetic damage or ordinary wear and tear;
d. Damage or non-functionality that results from (i) failure
to follow the instructions that came with the product;
(ii) accident, misuse, abuse, or other external causes; (iii)
operation outside the usage parameters stated in the
then-current user documentation for the product; or (iv)
use of parts not manufactured or sold by Motion; or
e. Damage or non-functionality due to modifications or
service by anyone other than (i) Motion, (ii) a Motion
authorized service provider, or (iii) your own installation
of end-user replaceable Motion or Motion-approved
parts.
Limitation of liability
IF YOUR MOTION PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE REPAIR OR REPLACEMENT. MOTION'S MAXIMUM
LIABILITY UNDER THIS LIMITED WARRANTY OR RELATED IN
ANY WAY TO THE MOTION PRODUCT IS EXPRESSLY LIMITED
TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE
PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF
ANY HARDWARE COMPONENTS THAT MALFUNCTION IN
CONDITIONS OF NORMAL USE.
MOTION SHALL NOT BE LIABLE FOR ANY DAMAGES
CAUSED BY THE PRODUCT OR THE FAILURE OF THE
PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR
SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES. MOTION SHALL NOT BE LIABLE FOR ANY CLAIM
MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD
PAR T Y.
THIS LIMITATION OF LIABILITY APPLIES WHETHER
DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS
LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING
NEGLIGENCE AND STRICT PRODUCT LIABILITY), A
CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION
OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY
PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE
EVEN IF MOTION KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF
LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR
PERSONAL INJURY. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER
RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM
COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT
APPLICABLE STATE OR COUNTRY LAWS FOR A FULL
DETERMINATION OF YOUR RIGHTS.
Software technical support
Software technical support is defined as assistance with
questions and issues about the software that was either
preinstalled by Motion on the Motion Product or that was
included with the Motion branded product at the time of
your purchase or lease of the product. Technical support
for software is available for the duration of your warranty
period. Your dated sales or delivery receipt, showing the
date of purchase or lease of the product, is your proof of
the purchase or lease date. You may be required to provide
proof of purchase or lease as a condition of receiving
software technical support. After the first ninety (90) days,
technical support for software that was either preinstalled
by Motion on the Motion Product or included with the
Motion Product at the time of your purchase or lease of the
product is available for a fee.
Warranty transfer to another country
Motion is not responsible for any handling fees, tariffs, or
import duties that may be incurred in transferring the
Products. Products and software may be covered by export
controls issued by the United States or other governments.
Australia
The Australian Competition and Consumer Act (2010)
(including the “Australian Consumer Law”) as well as other
laws in Australia (“Mandatory Laws”) guarantee certain
conditions, warranties and undertakings, and give you
other legal rights, in relation to the quality and fitness for
purpose of Motion Computing consumer products sold in
Australia.
In Australia, our goods come with guarantees that cannot
be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for a major failure and
compensation for any other reasonably foreseeable loss or
damage. You are also entitled to have the goods repaired
or replaced if the goods fail to be of acceptable quality and
the failure does not amount to a major failure. What
constitutes a major failure is set out in the Australian
Consumer Law.
Nothing in this Warranty purports to modify or exclude the
conditions, warranties and undertakings, and other legal
rights, under the Australian Consumer Law, and other laws.
This Warranty gives you additional protection for your
Motion consumer product, and identifies a preferred
approach to resolving warranty claims which will be
quickest and simplest for all parties, subject to the
exclusions terms and conditions below.
This Limited Warranty applies to the Motion-branded
hardware products sold by or leased from Motion
Computing, Inc., its worldwide subsidiaries, affiliates,
authorised resellers, or country distributors in Australia
with this Limited Warranty (“Motion Product”). This Limited
Warranty is provided by Motion Computing, Inc. (“Motion”)
of 8601 RR 2222, Building 2, Austin, Texas 78730, USA
(Phone: [phone] option 9). These terms and
conditions constitute the complete and exclusive Limited
Warranty agreement between you and Motion regarding
the Motion Product you have purchased or leased. No
change to the conditions of this Limited Warranty is valid
unless it is made in writing and signed by an authorised
representative of Motion.