LIMITED WARRANTY OF HARDWARE
EU and Switzerland
THIS WARRANTY GIVES YOU SPECIFIC RIGHTS THAT ARE IN ADDITION TO YOUR LEGAL RIGHTS AS A CONSUMER PROVIDED BY THE LAWS OF YOUR COUNTRY OF RESIDENCE.
THIS WARRANTY CONTAINS CERTAIN LIMITATIONS OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR LIABILITY, SO THE LIMITATIONS IN THIS WARRANTY MAY NOT APPLY TO YOU.
FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY.
The limited warranties provided by Lytro, Inc. (“Lytro,” “we,” or “us”) apply only to new Lytro-branded cameras and related accessory products (“Accessories” and collectively with Lytro-branded cameras, “Lytro Products”) that you purchased in the European Union or Switzerland directly from Lytro or an authorized Lytro reseller or retailer for your own use, and not for resale.
Lytro warrants to the first purchaser of the Lytro Products that the Lytro camera will be free from defects in workmanship and materials, under normal non-commercial use, for one (1) year from the original purchase date, and that the Accessories will be free from defects in workmanship and materials, under normal non-commercial use, for ninety (90) days from the original purchase date.
Any other products that are not Lytro-branded products are covered by the warranty, if any, of the respective branded manufacturer, and not this warranty.
Our warranties do not apply to:
- Software, including any firmware, operating system or application software delivered to you either prior to or subsequent to delivery of the Lytro Product to you;
- Any website services provided by Lytro or third parties in connection with the Lytro Product;
- Any third party products (including software) or services, included with or used with the Lytro Product, or damages to the Lytro Product caused by third party products or services;
- Damage to the surface of the Lytro Product, including cracks or scratches to the LCD display, or any other cosmetic damage;
- Damage that results from accident, abuse, misuse, neglect or any use of the Lytro Product other than for its intended use;
- Damage that results from any unauthorized attempts to open, maintain, repair or modify the Lytro Product; and
- Damage that results from the Lytro Product being subjected to abnormal physical, thermal or electrical stress, including water, dust, power fluctuations or other hazards.
As your sole and exclusive remedy and Lytro’s entire liability under this warranty (although not with respect to your other legal rights as a consumer), Lytro will choose to either repair the Lytro Product or replace it with a comparable Lytro Product. Replacement Lytro Products and parts used to repair the Lytro Products may be new, refurbished or reconditioned. Repaired or replaced Lytro cameras are warranted for the unexpired portion of the original warranty period or 90 days from the date of shipment of the repaired or replacement Lytro Product, whichever is longer. Repaired or replaced Accessories are warranted for the unexpired portion of the original warranty period. All Lytro Products and parts that are replaced become the property of Lytro.
You must contact your local Lytro representative within the warranty period and furnish a dated proof of original purchase prior to the return of any Lytro Product for warranty service. To obtain contact information, refer to Lytro’s website at http://support.lytro.com/entries/23428503. Upon validation of your warranty entitlement, Lytro or Lytro’s representative will issue a Return Material Authorization (RMA) number along with return instructions. You must ship the Lytro Product to the designated location, postage pre-paid, in original or equivalent packaging within five (5) days after Lytro’s issuance of an RMA number. The returned Lytro Products must not have missing or altered serial numbers or other identification marks that appear on the Lytro Products as delivered. Lytro will not be responsible for any Lytro Product damaged or lost in transit. Lytro will return the repaired or replacement Lytro Product to you, postage pre-paid, in your country.
Lytro will not be responsible for the loss or damage of any software, data or information contained in or stored on any Lytro Product. Data recovery is not included in the warranty service. Prior to shipping the Lytro camera back to Lytro, you should download all photos and other personal information from the Lytro camera. Lytro and its agents may delete any and all such photos and other personal information without any liability.
Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE LIMITED WARRANTIES ARE IN LIEU OF, AND LYTRO EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN THE EVENT THAT THE DISCLAIMER OF ANY IMPLIED WARRANTIES IS PROHIBITED BY STATUTE, TO THE FULLEST EXTENT PERMITTED BY LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THESE EXPRESS WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LYTRO OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS LIMITED WARRANTY.
- THIS PARAGRAPH (A) IS SUBJECT TO PARAGRAPH (B) BELOW. LYTRO, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY (1) PERSONAL INJURY; (2) SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES; (3) ANY ECONOMIC LOSSES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS OR ANY OTHER PECUNIARY LOSS); OR (4) COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LYTRO PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF LYTRO HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO PARAGRAPH (B) BELOW, IN NO EVENT SHALL LYTRO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO LYTRO FOR THE PRODUCT OR SERVICE GIVING RISE TO THE DAMAGES, OR (2) US$25.
- TO THE EXTENT MANDATED BY THE LAWS OF YOUR COUNTRY OF RESIDENCE, NOTHING IN THIS WARRANTY EXCLUDES OR LIMITS LIABILITY:
- FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR WILLFUL MISCONDUCT;
- FOR FRAUD OR FRAUDULENT MISREPRESENTATION;
- FOR BREACHES OF ANY STATUTORY IMPLIED CONDITION AS TO TITLE OR IMPLIED WARRANTIES AS TO QUIET POSSESSION AND LACK OF ENCUMBRANCES;
- FOR BREACHES OF ANY STATUTORY IMPLIED CONDITIONS AS TO CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND CORRESPONDENCE WITH SAMPLE;
- FOR LOSS OR DAMAGE ARISING FROM DEFECTIVE LYTRO PRODUCTS DUE TO NEGLIGENCE IN MANUFACTURE OR DISTRIBUTION; OR
- TO THE EXTENT THAT THE RELEVANT LAW PRECLUDES OR PROHIBITS ANY EXCLUSION OR LIMITATION OF LIABILITY.
See the Lytro, Inc. Software License Agreement for the terms and limitations of liability applicable to the software on and for the Lytro camera.