Warranty

Warranty
LIMITED WARRANTY. Livescribe warrants the smartpen to be free from defects in materials
and workmanship under normal use for a period of one year from the date of original direct or
retail purchase. This warranty is void if the product has been damaged by accident or
unreasonable use, immersion in water, neglect, abuse, improper maintenance, our other causes
not arising out of defects in workmanship or materials of the product. All warranty claims are
subject to: (1) you notifying Livescribe of the warranty claim within the warranty period, (2)
Livescribe verifying the existence of a defect in the product and (3) receipt of valid proof of your
purchase and the date of your purchase. Your exclusive remedy shall be, at Livescribe's option,
to have it repaired or receive a replacement smartpen. Before returning the smartpen, please
contact the Livescribe Customer Service Department for instructions.
In the event that a product under warranty is repaired or replaced, the replacement will be
covered under the original warranty or for 30 days, whichever is longer. Repair or replacement
is your exclusive remedy, and Livescribe’s exclusive liability, under this warranty.
THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO
YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED
BY ANY DOCUMENTATION OR PACKAGING. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT USE OF THE Livescribe Desktop SOFTWARE, smartpen AND OTHER PRODUCTS
AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH
YOU. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Livescribe Desktop
SOFTWARE, smartpen, PRODUCTS AND SERVICES ARE PROVIDED “AS IS”, WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LIVESCRIBE AND
LIVESCRIBE'S LICENSORS (COLLECTIVELY REFERRED TO AS “LIVESCRIBE”)
HEREBY DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF