U.S. and Canadian Purchases: If you have made your purchase in the United States or Canada, this Limited Warranty is granted by and this Limitation of Liability is stipulated for the benefit of General Magic B.V.,
De Smalle Zijde 3, NL- 3903 LL Veenendaal, the Netherlands.
WHAT THIS WARRANTY COVERS
1) General Magic B.V. (“GENERAL MAGIC”) warrants to the original purchaser (“you”) of the hardware with which this Limited Warranty is included (“Hardware”) that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of two (2) years from the date that the Hardware was first purchased by you (“Warranty Period”). During the Warranty Period the Hardware will be repaired or replaced at GENERAL MAGIC’s choice (“Limited Warranty”) without charge to you for either parts or labor. This Limited Warranty covers the replacement of the Hardware only. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire six (6) months after the date of repair.
WHAT THIS WARRANTY DOES NOT COVER
2) The Limited Warranty does not apply to normal wear and tear, does not apply when the Hardware is opened or repaired by someone not authorized by GENERAL MAGIC and does not cover repair or replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware. This Limited Warranty does not cover any software that may accompany or be installed on the Hardware.
HOW TO MAKE A WARRANTY CLAIM
3) In order to make a claim of a Defect, you must contact GENERAL MAGIC by email during the Warranty Period via www.magicearth.com to explain the Defect and to obtain an RMA number (Return Materials Authorization) if necessary. You must return the Hardware during the Warranty Period, along with an explanation of the Defect, to the address provided to you by GENERAL MAGIC. If a defect arises and a valid claim under this Limited Warranty is received by GENERAL MAGIC after the first one hundred and eighty (180) days of the Warranty Period, GENERAL MAGIC is entitled to charge you for any reasonable shipping and handling costs made in connection with the repair or replacement of the Hardware. You must comply with any other return procedures stipulated by GENERAL MAGIC, if any.
YOUR LEGAL RIGHTS
4) This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state and jurisdiction to jurisdiction.
5) If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect.
6) This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
7) Except for the Limited Warranty and to the maximum extent permitted by applicable law, GENERAL MAGIC and its suppliers provide the Hardware “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of: merchantability, noninfringement, quiet enjoyment, system integration, satisfactory quality, fitness for a particular purpose, reliability or availability, accuracy or completeness of responses, results, workmanlike effort, lack of viruses, and reasonable care and skill, all with regard to the Hardware, and the provision of or failure to provide support or other services, information, software, and related content through the Hardware or otherwise arising out of the use of the Hardware. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description. If applicable law requires any implied warranties with respect to the Hardware, all such warranties are limited in duration to ninety (90) days. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you.
8) This Limited Warranty cannot be transferred to any other person.
LIMITATION OF LIABILITY
9) Neither GENERAL MAGIC nor its suppliers shall be liable to you or to any third party for any indirect, incidental, consequential, special or exemplary damages (including in each case, but not limited to, damages for the inability to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Hardware even if GENERAL MAGIC has been advised of the possibility of such damages.
10) Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of GENERAL MAGIC and any of its suppliers shall be limited to the amount actually paid by you for the Hardware.
11) Notwithstanding the above, neither party’s liability for death or personal injury resulting from its own negligence shall be limited.
12) Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.