
13
Limited Warranty
FRANKLIN warrants to you that the DIGITALBOOK will be free from defects
in materials and workmanship for one year from purchase. In the case of
such a defect in your DIGITAL BOOK, FRANKLIN will repair or replace it
withoutcharge on return, with purchasereceipt, to the dealer fromwhich you
made your purchase or Franklin Electronic Publishers, Inc., 122 Burrs Road,
Mt. Holly, NJ 08060, within one year of purchase. Alternatively, FRANKLIN
may, at its option, refund your purchase price.
Data contained in the DIGITAL BOOK may be provided under license to
FRANKLIN. FRANKLIN makes no warranty with respect to the accuracy of
data in the DIGITAL BOOK. No warranty is made that the DIGITAL BOOK
will run uninterrupted or error free. You assume all risk of any damage or
loss from your use of the DIGITAL BOOK.
This warranty does not apply if, in the sole discretion of FRANKLIN, the
DIGITAL BOOK has been tampered with, damaged by accident, abuse,
misuse, or misapplication, or as a result of service or modification by any
party, including any dealer, other than FRANKLIN. This warranty applies
only to products manufactured by or for FRANKLIN. Batteries, corrosion or
battery contacts and any damage caused by batteries are not covered by
this warranty. NO FRANKLIN DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZEDTOMAKEANYADDITIONALWARRANTYIN THISREGARD
OR TO MAKEANY MODIFICATION OR EXTENSION OF THIS EXPRESS
WARRANTY.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL
OTHER EXPRESS OR IMPLIED WARRANTIES, WRITTEN OR ORAL,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITYORFITNESS FORAPARTICULARPURPOSE. YOUR
SOLE AND EXCLUSIVE REMEDY SHALL BE FRANKLIN’S OBLIGATION
TO REPLACE OR REFUNDAS SET FORTHABOVE IN THIS WARRANTY.
Some States do not allow the exclusion of implied warranties, or limitations
on how long a warranty lasts. This warranty gives you specific rights; you
mayalsohaveadditionalrightswhichvaryfromStatetoState. Thiswarranty
shall not be applicable to the extent that enforcement of any provision may
be prohibited by applicable law.
FRANKLINSHALLIN NOEVENTBELIABLETOYOUORTOANYOTHER
PERSON FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, OR ANY OTHER INDIRECT LOSS OR DAMAGE, ARISING
OUT OF YOUR PURCHASE, THE MANUFACTURE OR SALE OF THE
DIGITAL BOOK, THIS LICENSE, OR ANY
OBLIGATION RESULTING THEREFROM OR THE USE OR
PERFORMANCE OF THE DIGITAL BOOK UNDER ANY LEGAL THEORY,
WHETHER BREACH OF CONTRACT, TORT, STRICT LIABILITY ORANY
OTHERCAUSEOFACTIONORPROCEEDING,WHICHDAMAGESSHALL
INCLUDE, BUT NOT BE LIMITED TO, LOST PROFITS, DAMAGES TO
PROPERTY, OR PERSONAL INJURY (BUT ONLY TO THE EXTENT
PERMITTED BY LAW). FRANKLIN’S ENTIRE LIABILITY FORANY CLAIM
OR LOSS, DAMAGE, OR EXPENSE FROMANY SUCH CAUSE SHALL IN
NO EVENT EXCEED THE PRICE PAID FOR THE DIGITAL BOOK. THIS
CLAUSE SHALL SURVIVE FAILURE OFAN EXCLUSIVE REMEDY.
This license and warranty is governed by the laws of the United States and
the State of New Jersey.