TDK Mojo User Manual - page 21
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TDK warrants to the end-user customer that the TDK-branded software included with the Product, when properly installed and
used will operate in substantial conformance with the user manual for a period of ninety (90) days from the date of purchase.
If TDK receives notice of defective software during the warranty period, TDK will replace the TDK software media which it finds
to be defective at no charge (except for shipping and insurance.)
TDK does not warrant that the operation of the Product will be uninterrupted or error free. This Limited Warranty does not apply
to defects resulting from (1) acts of God, accident, misuse, abuse, negligence, abnormal, or unusually heavy use; (2) improper
installation, operation, testing, or maintenance; (3) power failure or connection to improper voltage supply; or (4) attempted
repair by any party other than TDK. This Limited Warranty does not apply when the malfunction results from the use of the
Product in conjunction with other products, software, or accessories, or where it is determined by TDK that there is no fault
with the Product itself. This Limited Warranty is invalid if the factory applied serial number has been altered or removed from
the Product.
This Limited Warranty extends only to the original end-user customer and is not transferable to any subsequent purchaser. This
Limited Warranty is valid only within the United States. For areas outside the United States, contact the authorized dealer from
whom you purchased the Product to determine what warranty, if any, applies.
In order to obtain warranty service, you must deliver the Product to TDK freight prepaid, in either its original package or pack-
aging providing a degree of protection equivalent to that of the original packaging, along with proof of purchase. (Please con-
tact TDK at the number listed below or in the manual for further information.)
TDK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MER-
CHANTABILITY ,FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT THAT
ANY IMPLIED WARRANTIES APPLY, DESPITE THEIR EXCLUSION UNDER THIS LIMITED WARRANTY, SUCH WARRANTIES SHALL BE
LIMITED TO THE DURATION OF THE EXPRESS WARRANTIES PROVIDED HEREUNDER.
THE REMEDIES PROVIDED UNDER THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES. TDK’S LIABILITY UNDER
ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE IN ANY WAY RELATED TO THE PRODUCT SHALL IN NO EVENT EXCEED THE PUR-
CHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL TDK BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM USE OF THE PRODUCT.
Some states do not allow limitations on how long an implied warranty lasts or any exclusion or limitation of incidental or con-
sequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal
rights, and you may have other rights which vary from state to state.
U.S.A.:
TDK Electronics Corporation
901 Franklin Avenue
Garden City, NY 11530, U.S.A.
For on-line support or to contact Technical Support, please visit: http://www.tdksupport.com or call 1.800.835.8326.
For registration of product, please visit: http://www.tdk.com/registration
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NONINFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY
TO YOU. 8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT
LIABILITY, OR OTHERWISE, SHALL THE COMPANY OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COM-
PUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR THE SERVICE. IN NO
EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH THE
SOFTWARE OR SERVICES PROVIDED BY THE COMPANY OVER THE TWELVE MONTH PERIOD PRECEDING THE DATE ON WHICH
THE CLAIM AROSE, EVEN IF THE COMPANY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION IF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITA-
TION AND EXCLUSION MAY NOT APPLY TO YOU. 9. TERMINATION. You may terminate this Agreement and the license granted
herein at any time by destroying or removing from all hard drives, networks, and other storage media all copies of the
Software. The Company may terminate this Agreement and the license granted herein at any time. Upon receiving notice of ter-
mination from the Company you agree to destroy or remove from such storage media all copies of the Software. Sections 4, 6-
8, 10 and 11 shall survive termination of this Agreement. 10. EXPORT CONTROLS. You shall comply with all export laws and
restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control ("OFAC"), or other United States or foreign agency or authority, and you agree not to export, or allow the export or re-
export of the Software in violation of any such restrictions, laws or regulations. By downloading or using the Software, you are
agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a
national or resident of any restricted country. 11. MISCELLANEOUS. This Agreement represents the complete agreement con-
cerning this license between the parties and supersedes all prior agreements and representations between them. It may be
amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any rea-
son, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of the Company to act
with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Company's
rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under
California law as such law applies to agreements between California residents entered into and to be performed within
California.
NOTE: TDK REPRESENTATIVES CANNOT ANSWER YOUR QUESTIONS ABOUT THE INCLUDED MOODLOGIC™ SOFTWARE. FOR SUP-
PORT, PLEASE CONTACT MOODLOGIC™ DIRECTLY:
Internet: http://www.moodlogic.com/mlabout-contact.html
Email: support@moodlogic.com
TDK LIMITED WARRANTY – MOJO 1 TM Portable Headphone MP3 Player
One Year Limited Warranty for Hardware
90 Day Limited Warranty for Software
TDK Electronics Corporation ("TDK") warrants to the end-user customer that this product, exclusive of software (referred to
herein as "Hardware" or "Product") will be free from defects in material and workmanship for a period of one (1) year from
date of purchase. If TDK receives notice of any such defects during the warranty period, TDK will, at its option, either repair or
replace the Product which it finds to be defective at no charge (except for shipping and insurance). Repair of defective Product
may be with either new or rebuilt replacement parts that will be warranted for the remainder of the original warranty period.
Any exchanged parts under this warranty will become the property of TDK. Replacement Product may be either new or recondi-
tioned. If the Product is discontinued and no longer available, then it may be replaced with Product determined by TDK to be of
similar value and performance.
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