Motorola MotoWI4 PTP 600 Series User Manual

Page 225

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THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MOTOROLA, AND

MOTOROLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,

EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED

WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

AND NONINFRINGEMENT. MOTOROLA DOES NOT WARRANT THAT THE OPERATION

OF 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.

MOTOROLA DOES NOT WARRANT ANY SOFTWARE THAT HAS BEEN OPERATED IN

EXCESS OF SPECIFICATIONS, DAMAGED, MISUSED, NEGLECTED, OR IMPROPERLY

INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO

YOU.

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, 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. 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.

Maintenance and Support. Motorola shall not be responsible for maintenance or support of

the software. By accepting the license granted under this agreement, you agree that

Motorola will be under no obligation to provide any support, maintenance or service in

connection with the Software or any application developed by you. Any maintenance and

support of the Related Product will be provided under the terms of the agreement for the

Related Product.

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