Limited Warranty and Limitation of Remedies 1LLLLiiiimmmmiiiitttteeeedddd WWWWaaaarrrrrrrraaaannnnttttyyyy aaaannnndddd LLLLiiiimmmmiiiittttaaaattttiiiioooonnnn ooooffff RRRReeeemmmmeeeeddddiiiieeeessssNetopia warrants to you, the end user, that the Netopia 4753 G.SHDSL Integrated Access Device (the“Product”) will be free from defects in materials and workmanship under normal use for a period of one (1) yearfrom date of purchase. Netopia’s entire liability and your sole remedy under this warranty during the warrantyperiod is that Netopia shall, at its option, either repair the Product or refund the original purchase price of theProduct.In order to make a claim under this warranty you must comply with the following procedure:1. Contact Netopia Customer Service within the warranty period to obtain a Return Materials Authorization(“RMA”) number.2. Return the defective Product and proof of purchase, shipping prepaid, to Netopia with the RMA numberprominently displayed on the outside of the package.If you are located outside of the United States or Canada, please contact your dealer in order to arrange forwarranty service.THE ABOVE WARRANTIES ARE MADE BY NETOPIA ALONE, AND THEY ARE THE ONLY WARRANTIES MADE BYANYONE REGARDING THE ENCLOSED PRODUCT. NETOPIA AND ITS LICENSOR(S) MAKE NO OTHERWARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MER-CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE ENCLOSED PRODUCT. EXCEPT ASOTHERWISE EXPRESSLY PROVIDED ABOVE, NETOPIA AND ITS LICENSOR(S) DO NOT WARRANT, GUARANTEE ORMAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT IN TERMSOF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THERESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIEDWARRANTIES IS NOT PERMITTED BY SOME STATES OR JURISDICTIONS, SO THE ABOVE EXCLUSION MAY NOTAPPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYSFROM THE DATE OF DELIVERY OF THE PRODUCT. THERE MAY BE OTHER RIGHTS THAT YOU MAY HAVE WHICHVARY FROM JURISDICTION TO JURISDICTION.REGARDLESS OF WHETHER OR NOT ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, INNO EVENT WILL NETOPIA, ITS LICENSOR(S) AND THE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ANYOF THEM BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDINGDAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,AND THE LIKE) ARISING OUT THE USE OR INABILITY TO USE THE PRODUCT EVEN IF NETOPIA OR ITSLICENSOR(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES ORJURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NETOPIA AND ITS LICENSOR(S)LIABILITY TO YOU FOR ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORMOF THE ACTION (WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OROTHERWISE), WILL BE LIMITED TO $50. v.697
