5. If HTC repairs or replaces the Product, the repaired or replaced
Product shall continue to be warranted for the remaining time
of the original Warranty Period or for three (3) months from the
date of repair or replacement, whichever is longer.
6.
Before returning any unit for service, be sure to back up data and
remove any confidential, proprietary, or personal information from
the Product. HTC is not responsible for the damage to or loss of
any programs, data, or removable storage media where you do not
back-up your data.
7. THIS LIMITED WARRANTY SHALL NOT APPLY IF THE DEFECT WAS
CAUSED THROUGH ANY OF THE FOLLOWING:
a) the Product serial number, the accessory date code the
IMEI number, water indicator or the warranty seal has been
removed, erased, defaced, altered or is illegible; or
b) deterioration of the Product due to normal wear and tear; or
c)
use other than in accordance with the user manual, rough
handling, exposure to moisture, dampness or extreme thermal
or environmental conditions or a rapid change in such
conditions, corrosion, oxidation, unauthorized modifications
or connections, unauthorized opening or repair, repair by use
of unauthorized spare parts, accidents, forces of nature, or
other actions beyond the reasonable control of HTC (including
but not limited to deficiencies in consumable parts) unless
the defect was caused directly by defects in materials or
workmanship. This Limited Warranty does not cover physical
damage to the surface of the Product including but not limited
to cracks or scratches on the LCD screen or camera lens; or
d) the defects caused by the fact that the battery has been
short-circuited or by the fact that the seals of the battery
enclosure or the cells are broken or show evidence of
tampering or by the fact that the battery has been used in
equipment other than those for which it has been specified;
or
e) the defect was caused by a defective function of the cellular
network or other system; or
f)
the Product software needs to be upgraded due to changes in
cellular network parameters; or
g) the defect was caused by the fact that the Product was used
with or connected to an accessory not approved or provided
by HTC or used in other than its intended use and where it
can be shown by HTC that such defect is not the fault of the
Product itself.