software, even if packaged or sold with the SPRK+hardware product. Refer to the software license agreement accompanying the software for details of
your rights with respect to its use.
Sphero does not warrant that the operation of SPRK+will be uninterrupted or error-free. Sphero is not responsible for damage arising from failure to
follow instructions relating to SPRK+’s use. This warranty does not apply to:
a)
Consumable parts, such as batteries, or protective coatings designed to diminish over time unless failure has occurred due to a defect in
materials or workmanship;
b)
Damage caused by use with non-SPRK+products;
c)
Damage caused by accidents, misuse, abuse, neglect, misapplication, fire, water, lightning or other acts of nature; incorrect electrical line
voltage, fluctuations or surges; damage caused by improper installation; product alteration or modification; improper or unauthorized repair;
exterior finish or cosmetic damage;
d)
Damage caused by operating SPRK+outside the intended uses described by Sphero;
e)
Defects caused by normal wear and tear or otherwise due to the normal aging of the SPRK+product.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE, AND NO WARRANTIES WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST
HIDDEN OR LATENT DEFECTS, SHALL APPLY AFTER THE EXPRESS WARRANTY PERIOD STATED ABOVE, AND NO OTHER EXPRESS WARRANTY OR GUARANTEE
GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON SPHERO. EXCEPT AS PROVIDED IN THIS
WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPHERO IS NOT RESPONSIBLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE
SAVINGS OR OTHER BENEFITS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION
OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THIS PRODUCT, OR ANY
BREACH OF ANY WARRANTY OR CONDITION REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF SPHERO HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL RECOVERY OF ANY KIND AGAINST SPHERO BE GREATER IN AMOUNT THAN THE PURCHASE
PRICE OF BB-8 APP ENABLED DROID. WITHOUT LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY
TO PURCHASER AND PURCHASER'S PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THIS
PRODUCT SOLD BY SPHERO NOT CAUSED DIRECTLY BY THE GROSS NEGLIGENCE OF SPHERO. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE
OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY.
Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the
above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from state
to state.
Governing Law and Arbitration.
This Limited Warranty shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may provide the
application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost effective manner
through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider
mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules:
a)
The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by
the party initiating the arbitration;
b)
The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
c)
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Boulder
County, Colorado and the federal courts in Denver, Colorado for the purpose of litigating all such claims or disputes, which courts shall have exclusive
jurisdiction of such claims or disputes. Notwithstanding the foregoing, Sphero may seek injunctive or other equitable relief to protect its intellectual
property rights in any court of competent jurisdiction.
Changes to this Product Information Guide
The explanations and specifications in this guide are given for information only and may be modified at any time without prior notice. The latest version of
this guide will be available from our website at
www.sphero.com/manuals.
The explanations and specifications contained in this guide are correct at the
time of printing. Sphero reserves the right to amend or improve the product design or user guide without any restrictions and without any obligation to
notify users.
As part of our ongoing effort to upgrade and improve our products, the product that you have purchased may therefore differ slightly from the model
described in this guide.
End of Life Product Disposal
At the end of this product’s life, please do not dispose of this product in your general household waste. Instead, in order to prevent possible harm to the
environment or human health from uncontrolled waste disposal, please dispose of this product separately in accordance with your local laws and
regulation. For more information on the separate collection systems for waste electrical and electronic equipment that are available for consumers, near
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