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8. The limited warranty does not apply to:
a. Damage caused by normal wear and tear, abnormal use or conditions, misuse, neglect, abuse, accident, improper
handling or storage, exposure to moisture, unauthorized modifications, alterations, or repairs, improper
installation, improper use of any electrical source, undue physical or electrical stress, operator error,
non-compliance with instructions or other acts which are not the fault of Creative, including damage or loss
during shipment.
b. Damage from external causes such as floods, storms, fires, sand, dirt, earthquakes, an Act of God, exposure to
sunlight, weather, moisture, heat, or corrosive environments, electrical surges, battery leakage, theft, or damage
caused by the connection to other products not recommended for interconnection by Creative.
c. Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or
other current and/or future software and hardware, (ii) a computer virus, worm, Trojan horse or memory
content corruption, or (iii) malfunction or defect of the Product.
d. Counterfeit products or any accompanying products not bearing a Creative serial number provided with the
Product, or in the case of communications products, the use of the Product outside the borders of the country
intended for use (as indicated by local telecommunication approval stickers).
e. Any Product that has had its serial number altered, defaced or removed.
f. Any defect occurring after the expiration of the Warranty Period or where Creative was not advised in writing
of an alleged defect or malfunction within seven (7) days after the expiration of the Warranty Period.
9. Creative's limit of liability under the limited warranty is the actual cash value of the Product at the time You return
the Product for repair (e.g., the purchase price of the Product less a reasonable amount for usage). Creative will not
be liable for any other losses or damages. These remedies are Your exclusive remedies for breach of warranty. Any
action or lawsuit for breach of warranty must be commenced within eighteen (18) months following the purchase of
the Product.
10. THE FOREGOING LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE
HEREBY DISCLAIMS THE APPLICABILITY OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR USE FOR THE PRODUCT. IF SUCH A DISCLAIMER IS PROHIBITED BY
APPLICABLE LAW, THE IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE FOREGOING LIMITED
WRITTEN WARRANTY.
11. CREATIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS,
SAVINGS, DATA, OR LOSS OF USE, ANY THIRD PARTY CLAIMS, AND ANY INJURY TO PROPERTY OR
BODILY INJURY (INCLUDING DEATH) TO ANY PERSON, ARISING FROM OR RELATING TO THE USE OF
THIS PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE,
TORT, OR STRICT LIABILITY, EVEN IF CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. This warranty gives You specific legal rights. You may also have other rights, which vary from state to state and
country to country. Some states and countries do not allow limitations on how long an implied warranty lasts, or
the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not
apply to You.
13. This is the entire warranty between You and Creative and supercedes all prior and contemporaneous agreements or
understandings, oral or written, relating to the Product, and no representation, promise or condition not contained
herein will modify these terms.
Version 2.0 June 2004
Wireless Bluetooth headset.fm Page 18 Wednesday, November 3, 2004 5:11 PM