The Limited Warranty does not apply to, and the term “Product” shall not include, No power/power cycle
(a) any consumable parts of the Product (e.g. batteries), or

(b) software, even if packaged or sold with the Product or embedded in the Product (.e.g. firmware and/or system software) (“Seller Software”). Please refer to the applicable licensing agreement, if any, that covers such Seller Software for details of your rights with respect to its use.

This Limited Warranty does not apply to any:
(a) damage to the Product caused by use with non-Seller products;
(b) damage to the Product caused by accident, abuse, misuse, spillage of food or liquid or other external causes, including but not limited to fire or an act of God (such as a flood);
(c) damage to the Product caused by operating the Product outside the permitted or intended uses described by Seller;
(d) damage to the Product caused by failure to follow instructions relating to the Product’s use, or use of improper voltage or power supply;
(e) damage to the Product caused by service performed by anyone who is not a representative of Seller;
(f) cosmetic damage to the Product, including but not limited to scratches or dents; or
(g) defects or parts requiring replacement due to ordinary wear and tear, corrosion, rust or stains, scratches, dents on the casing or paintwork of the Product.

For the avoidance of doubt, recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during the performance of any warranty service, and Seller will not be responsible for any such damage or loss.

Seller does not warrant that the operations of the Product will be uninterrupted or error-free. No Seller employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

IMPLIED WARRANTIES AND CONDITIONS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some STATES do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

LIMITATION OF DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF AN EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

GOVERNING LAW. This Limited Warranty shall be governed by the laws of the State of California, USA, without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to states.

Please Note:
Our warranty covers any malfunction of the phone independent of your use (touch-sensitive malfunction, battery failure, pushbuttons, etc.). If you lose, drop/break the phone or if it is oxidized (water damaged), the Eze warranty will not apply. The opening of the product, repair or diagnosis by a third party (other than the seller) is also a warranty exclusion clause.
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