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WARRANTY
OF MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE OR USE;
WARRANTIES OF TITLE OR
NON-INFRINGEMENT; DESIGN,
CONDITION, QUALITY, OR
PERFROMANCE OF THE PRODUCT;
THE WORKMANSHIP OF THE PRODUCT
OR THE COMPONENTS CONTAINDED
THEREIN; OR COMPLIENT OF THE
PRODUCT WITH THE REQUIREMENTS
OF ANY LAW, RULE, SPECIFICATION OR
CONTRACT PERTAINING THERETO.
11. CRICKET SHALL NOT BE LIABLE FOR
SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS
OF ANTICIPATED BENEFITS OR
PROFITS, LOSS OF SAVINGS OR
REVENUE, LOSS OF DATA, PUNITIVE
DAMAGES, LOSS OF USE OF THE
PRODUCT OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST
OF ANY SUBSTITUTE EQUIPMENT OR
FACILITIES, DOWNTIME, THE CLAIMS OF
ANY THIRD PARTIES, INCLUDING
CUSTOMERS, AND INJURY TO
PROPERTY, RESULTING FROM THE
PURCHASE OR USE OF THE PRODUCT
OR ARISING FROM BREACH OF THE
WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT TORT, OR ANY
OTHER LEGAL OR EQUITABLE
THEORY, EVEN IF CRICKET KNEW OF
THE LIKELIHOOD OF SUCH DAMAGES.
CRICKET SHALL NOT BE LIABLE FOR
DELAY IN RENDERING SERVICE UNDER
THE LIMITED WARRANTY, OR LOSS OF
USE DURING THE PERIOD THAT THE
PRODUCT IS BEING REPAIRED.
NOTHING CONTAINED IN THE
INSTRUCTION MANUAL SHALL BE
CONSTRUED TO CREATE AN EXPRESS