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3. EXCLUSIONS
Netatmo will have no warranty obligation with respect to the following
circumstances ('Exclusions') ('Ineligible Products'): (i) a Product that has no
defects in materials or workmanship, (ii) Products with defects that are not
reproducible by Netatmo, (iii) Products marked as 'sample' or sold 'AS IS', (iv)
Products whose serial number has been defaced or removed, or (v) Products
that have been subject to: (a) any modifications, alterations, repair, or servicing
by any party other than Netatmo or Netatmo's authorized representatives;
(b) handling, storage, installation, testing, or use not in accordance with the
applicable Documentation; (c) abuse, negligence, neglect, accidents, abuse
or misuse; (d) any breakdowns, fluctuations, or interruptions in electric
power or the telecommunications network; or (e) any Acts of God, including
fire, flood, tornado, earthquake, hurricane, excessive snow, lightning, riot,
insurrection, act of war or other disaster.
4. WARRANTY DISCLAIMER
EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY,
THE PRODUCTS ARE PROVIDED ON AN 'AS IS' BASIS, AND NETATMO
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE
PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF
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THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. NETATMO
DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE
ERROR-FREE OR UNINTERRUPTED OR THAT THE PRODUCTS WILL IN
EVERY CASE PROCESS ALL DATA CORRECTLY.
5. LIMITATION OF LIABILITY
5.1 IN NO EVENT WILL (a) NETATMO BE LIABLE FOR ANY
CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES,
INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS,
ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE
PRODUCTS, EVEN IF NETATMO KNEW OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES, AND (b) NETATMO'S TOTAL
CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED
WARRANTY AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT
OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO
NETATMO OR NETATMO'S AUTHORIZED RESELLER FOR THE PRODUCT
AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS
CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF
MORE THAN ONE INCIDENT OR CLAIM. NETATMO DISCLAIMS ALL
LIABILITY OF ANY KIND OF NETATMO'S SUPPLIERS.
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