Motorola SM56 User Manual

Page 14

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THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN
THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS
MADE BY MOTOROLA OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6.

Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein

fails of its essential purpose, in no event shall Motorola or any of the licensors, directors, officers,
employees or affiliates of the foregoing be liable to you for any consequential, incidental, indirect,
special or similar damages whatsoever (including, without limitation, damages for loss of business
profits, business interruption, loss of business information and the like), whether foreseeable or
unforeseeable, arising out of the use or inability to use the Software or accompanying written
materials, regardless of the basis of the claim and even if Motorola or a Motorola representative has
been advised of the possibility of such damage. Motorola's liability to you for direct damages for
any cause whatsoever, and regardless of the basis of the form of the action, will be limited to the
price paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN
CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE
LAW REQUIRES SUCH LIABILITY WITHOUT THIS LIMITATION. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.

7.

Complete Agreement. This License constitutes the entire agreement between the parties

with respect to the use of the Software and related documentation, and supersedes all prior or
contemporaneous understandings or agreements, written or oral, regarding such matter. No
amendment to or modification of this License will be binding unless in writing and signed by a duly
authorized representative of Motorola.



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Readme 10/25/2002
A. Sood

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