Statement of Limited Warranty
The warranty provided by Good Technology, Inc. ("Good") in this Statement of Limited Warranty applies only to handheld devices manufactured by or for Good (excluding any alkaline batteries included with the handheld devices, but including accessories such as handheld device holsters, cradles, cables, and carrying cases) you originally purchase for your use, and not for resale, from Good or a Good authorized distributor ("Hardware").
Good warrants that for a period of one (1) year from the date of shipment from Good that the Hardware will be free from defects in material and workmanship under normal use, excluding physical damage to the surface of the Hardware, such as cracks or scratches to the case or LCD screen. This limited warranty extends only to you as original purchaser. Your sole and exclusive remedy and the entire liability of Good and its suppliers under this limited warranty will be, at Good's option, shipment of a replacement unit, or a refund of the purchase price if the Hardware is returned to Good, or its designee. At Good's option, replacement Hardware and parts may be new, repaired to equivalent to new, or refurbished. Replacement units assume the remaining warranty of the Hardware they replace. All articles must be returned in accordance with Good's then-current Return Material Authorization (RMA) procedure.
This warranty does not apply if the Hardware (a) has been altered, opened, or repaired, except as authorized by Good, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Good, (c) has been used in conjunction with software, accessories, products, service, or ancillary or peripheral equipment not approved or provided by Good, and the defect is the result of such use and not of the Hardware itself, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, (e) defect for which warranty service is sought would be repaired by installing an Enhancement provided by Good to Customer; or (f) is used other than as authorized by Good. This warranty also does not apply to hardware manufactured by or for others.
For hardware sold by Good other than the G100, Good assigns and transfers any manufacturers' warranties and will reasonably cooperate in facilitating warranty claims. Any manufacturers' warranties provided for Research in Motion, Ltd. hardware, however, will be rendered void by the installation of any Good application such as Good Mobile Messaging, except to the extent that such warranties apply to obvious hardware defects (e.g., faulty casing, keyboard, etc.) that are clearly not related to the operation of the application and are not related in any way to battery operation. For more information about RIM warranties, contact RIM.
EXCEPT AS SPECIFIED ABOVE, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ERROR FREE, OR UNINTERRUPTED PERFORMANCE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE HARDWARE SHOULD NOT BE RELIED UPON FOR THE TRANSMISSION OF DATA RELATING TO EMERGENCY, MISSION-CRITICAL, OR LIFE-THREATENING SITUATIONS, OR FOR USE REQUIRING FAILSAFE PERFORMANCE AND OR WHERE FAILURE COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE AND CUSTOMER AGREES NOT TO USE THE HARDWARE FOR SUCH USES OR UNDER SUCH CIRCUMSTANCES. GOOD, ON BEHALF OF ITSELF, ITS SUPPLIERS AND LICENSORS, DISCLAIMS ANY AND ALL LIABILITY FOR EVENTS OR DAMAGES OF ANY NATURE OR KIND RESULTING FROM ANY SUCH RELIANCE OR THE FAILURE OF THE HARDWARE OR ANY RELATED SOFTWARE OR NETWORK SERVICES TO PERFORM OR BE AVAILABLE FOR YOUR USE, INCLUDING WITHOUT LIMITATION, LACK OF SERVICE COVERAGE IN THE AREA IN WHICH YOU WISH TO USE THE PRODUCTS AND SERVICES.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL GOOD OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE HARDWARE, OR OTHER ECONOMIC LOSS, WHETHER OR NOT GOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. IN NO EVENT SHALL GOOD OR ITS LICENSORS' OR SUPPLIERS' AGGREGATE LIABILITY TO CUSTOMER AND ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER'S ACCESS TO AND USE OF THE HARDWARE EXCEED THE TOTAL FEES PAID BY CUSTOMER TO GOOD IN THE TWELVE- (12) MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE ON WHICH THE CLAIM OR ACTION AROSE, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE LIMTATION FOR PERSONAL INJURY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE LIMITED WARRANTY AND LICENSE TERMS FOR THE GOOD SOFTWARE ACCOMPANYING AND/OR EMBEDDED ON THE HARDWARE ARE SET FORTH IN THE SOFTWARE LICENSE AGREEMENTS INCLUDED IN THE END USER DOCUMENTATION FOR THE SOFTWARE.
This Limited Warranty Statement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law.