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authorized reseller and the Maxtor serial number and model number of the
Product in which the defect has been reported may be required as a proof of
your purchase for warranty service. Note that, as an alternative, Maxtor offers an
online warranty return option for certain Products through www.maxtor.com.
You are responsible for saving or backing up data contained in any Product
returned to Maxtor in conjunction with warranty or any other services. Maxtor
shall have no responsibility for such data whatsoever and shall have no liability
arising out of any damage to, or loss or disclosure of, such data. This limited
warranty applies only to the Maxtor products that can be identified by the
original, unaltered Maxtor trademark, trade name or logo affixed to them.
Maxtor does not warrant any product that is not manufactured by, for, or with
permission from Maxtor.
This limited warranty does not cover any of the following conditions:
• Abuse, unreasonable use, mistreatment, or neglect
• Unusual physical or electrical stress or power fluctuations
• Damage caused during installation of the Product
• Damage or capacity/performance/operational resetting caused by the
equipment or system with which the Product is used
• Damage caused by modification or repair not made or authorized by Maxtor
• Products whose Maxtor Serial Number and/or Material Number label have/
has been removed or defaced
• Damage caused by improper or improperly used packaging
• Damage caused by lack of ESD protection
• Products that are determined to be stolen
Further, this limited warranty is void if the Product cover, or any label or seal on
the Product, is removed or damaged. Maxtor owns all parts removed from the
repaired Products. Maxtor uses new and reconditioned parts in performing
warranty repairs and building replacement products.
FAILURE TO COMPLETE AND RETURN ANY MAXTOR PRODUCT
REGISTRATION FORM WILL NOT DIMINISH YOUR WARRANTY RIGHTS. THIS
WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESSED, IMPLIED
OR STATUTORY. MAXTOR SPECIFICALLY DISCLAIMS TO THE MAXIMUM
EXTENT PERMITTED BY LAW ANY AND ALL IMPLIED WARRANTIES OR
CONDITIONS AS TO THE PRODUCTS OR ANY OTHER MATTER
WHATSOEVER. IN PARTICULAR, BUT WITHOUT LIMITATION, MAXTOR
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OR
CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS OR ANY OTHER WARRANTY ARISING FORM A COURSE OF
DEALING OR USAGE OF TRADE. THIS LIMITED WARRANTY DOES NOT
APPLY TO, AND MAXTOR MAKES NO WARRANTY TO YOU WITH REGARD
TO, PRODUCTS ORIGINALLY SOLD AS AN INTEGRATED COMPONENT OF A
SYSTEM NOT SUPPLIED BY MAXTOR, OR PRODUCTS PROVIDED UNDER A
THIRD PARTY LEASING OR SERVICE ARRANGEMENT. No Maxtor distributor,
reseller, dealer, agent or employee is authorized to make any modification,
extension or addition to this warranty.
MAXTOR IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, UNFOR-
SEEABLE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
HOWEVER CAUSED AND WHETHER OR NOT MAXTOR WAS ADVISED IN
ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT
LIMITED TO, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF
DATA OR PROGRAMS, LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE
OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OF
RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR
DATA STORED IN OR USED WITH MAXTOR PRODUCTS OR ANY OTHER
DAMAGES ARISING OUT OF THE PURCHASE, USE OR PERFORMANCE OF
THE PRODUCT. Maxtor is not, and cannot be, responsible for any losses or
damages arising out of any loss of, or any inability to access, data as a result
from the failure of a Product, and accordingly you bear this risk. The allocation of
risk under this limitation of liability is reflected in the purchase price of the
Product. This limitation of liability, however, will not apply to claims for death or
personal injury caused by the negligence of Maxtor or its associated companies,
officers, representatives or agents.