[ 128 ]2410. ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR APARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION OFTHE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE FOREGOINGLIMITED WARRANTY IS THE CONSUMER’S SOLE AND EXCLUSIVE REMEDYAND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NOKIASHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIALDAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED BENEFITSOR PROFITS, LOSS OF SAVINGS OR REVENUE, PUNITIVE DAMAGES, LOSSOF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OFCAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME,THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURYTO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCTOR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT,NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY,EVEN IF NOKIA KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NOKIASHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THELIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THEPRODUCT IS BEING REPAIRED.11. Some states do not allow limitation of how long an implied warrantylasts, so the above one-year warranty limitation may not apply to you (theConsumer). Some states do not allow the exclusion or limitation of incidentaland consequential damages, so certain of the above limitations or exclusionsmay not apply to you (the Consumer). This limited warranty gives theConsumer specific legal rights and the Consumer may also have other rightswhich vary from state to state.12. Nokia neither assumes nor authorizes any authorized service center orany other person or entity to assume for it any other obligation or liabilitybeyond that which is expressly provided for in this limited warranty includingthe provider or seller of any extended warranty or service agreement.13. This is the entire warranty between Nokia (or NMP) and the Consumer,and supersedes all prior and contemporaneous agreements or understandings,oral or written, and all communications relating to the Product, and norepresentation, promise or condition not contained herein shall modifythese terms.
