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“Connected Equipment Damage”
means physical damage caused to Connected Equipment due to a Product Defect
(i) by a transient AC power, cable, telephone, or lightning surge while connected to a properly installed Product, (ii) not by
a defect or unrelated damaging of the Connected Equipment or a surge/spike or lightning strike through a source, medium
or connection other than through the Product, and (iii) does not extend to loss of data or consequential, indirect or special
damages resulting from the Connected Equipment Damage.
“Fair Market Value”
(“FMV”) means the fair market value of the Connected Equipment at the time Connected Equipment
Damage occurs.
“Formal Warranty Claim”
means a claim made in accordance with the section “Formal Warranty Claims” herein.
“Maximum Coverage Amount”
means the maximum amount that Monster will pay to You under this Limited Warranty
for Connected Equipment Damages and is defi ned in relation to each Product in the Specifi cations Table below.
“Product”
means a Product (i) that is listed in the Specifi cations Table below, (ii) that You bought from an Authorized Dealer
new and in its original packaging, and (iii) whose serial number, if any, has not been removed, altered, or defaced.
“Product Defect”
means a defect, malfunction, non-conformance to this Limited Warranty or other inadequacy of the
Product that existed at the time when You received the Product from an Authorized Dealer and that causes a failure of the
Product to perform in accordance with Monster’s documentation accompanying the Product, unless such failure has been
caused completely or partly by (a) any use other than Adequate Use, (b) transportation, neglect, misuse or abuse by anyone
other than Monster’s employees; (c) alteration, tampering or modifi cation of the product by anyone other than a Monster
employee; (d) accident (other than a malfunction that would otherwise qualify as a Product Defect); (e) maintenance or
service of the Product by anyone other than a Monster employee; (f) exposure of the Product to heat, bright light, sun, liquids,
sand or other contaminants; or (g) acts outside the control of Monster, including without limitation acts of God, fi re, storms
(excluding lightning surges), earthquake or fl ood.