User's Manual

BB-9E%App-Enabled%Droid™%
USER%MANUAL%
%
DOC:710-000001 REV A
%
Exclusions and Limitations
This warranty covers the normal and intended use of BB-9E. It applies only to the hardware product “BB-9E” manufactured by or for Sphero, Inc. that can be identified by
the "Sphero" trademark, trade name or logo affixed to it. The Limited Warranty does not apply to any non-Sphero hardware product or any software, even if packaged or
sold with the BB-9E 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 BB-9E will be uninterrupted or error-free. Sphero is not responsible for damage arising from failure to follow instructions
relating to BB-9E’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-BB-9E 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 BB-9E outside the intended uses described by Sphero;
e) Defects caused by normal wear and tear or otherwise due to the normal aging of the BB-9E 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-9E. 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 provide 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.
%