Amazon Technologies Kindle D00511 - Manual (Page 140)

Appendix · 140 KINDLE USER’S GUIDE 4 th EDITION
Termination. Your rights under this Agreement will automatically terminate without
notice from Amazon if you fail to comply with any term of this Agreement. In case
of such termination, you must cease all use of the Software and Amazon may
immediately revoke your access to the Service or to Digital Content without notice to
you and without refund of any fees. Amazon’s failure to insist upon or enforce your
strict compliance with this Agreement will not constitute a waiver of any of its rights.
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE
OF THE SERVICE, DEVICE, DIGITAL CONTENT AND SOFTWARE IS AT YOUR SOLE
RISK. EXCEPT FOR THE ONE-YEAR LIMITED WARRANTY, THE SERVICE, DEVICE,
DIGITAL CONTENT AND SOFTWARE ARE PROVIDED “AS IS” WITH ALL FAULTS
AND WITHOUT WARRANTY OF ANY KIND AND AMAZON AND ITS SUPPLIERS AND
LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-
INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY AMAZON OR AN AUTHORIZED REPRESENTATIVE OF AMAZON
SHALL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER
AMAZON NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR
IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
ANY OTHER LEGAL THEORY RELATED TO THE SERVICE, DEVICE, DIGITAL CONTENT
OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT
OF LOSS OF PROFITS, REVENUE, DATA OR USE OF THE DEVICE OR SOFTWARE
OR ANY ASSOCIATED PRODUCT, EVEN IF AMAZON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AMAZON’S AGGREGATE LIABILITY
UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID
FOR THE DEVICE. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.