Motorola 009 - Manual (Page 6)

6 Accompli 009 User’s Guide
LIMITED WARRANTY
Motorola warrants that each copy of the Software will be free from physical defects in the
media that tangibly embodies the copy for a period of ninety (90) days from the date the
product accompanying the Software was purchased by you. Motorola, at its option, will at no
charge repair or replace the media of the Software that contains defects in materials or
workmanship in the media. No updates are provided. Motorola makes no warranty or
representation that the Software will meet your requirements or will work in combination with
any hardware or applications software products provided by third parties, that the operation
of the Software will be uninterrupted or error free, or that all defects in Software will be
corrected. The entire risk as to the quality and performance of the Software is with you.
EXCEPT FOR THE ABOVE NINETY (90) DAY WARRANTY, THE SOFTWARE IS
PROVIDED WITHOUT FURTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOTOROLA, ITS
EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE
OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF
DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VA RY FROM STATE TO STATE.
LIMITATION OF LIABILITY
REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THE WARRANTY FAILS OF
ITS ESSENTIAL PURPOSE, IN NO EVENT WILL MOTOROLA BE LIABLE TO YOU FOR
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SIMILAR DAMAGES,
INCLUDING LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY
TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF MOTOROLA
OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO CASE SHALL THE LIABILITY OF MOTOROLA EXCEED THE
PRICE PAID FOR THE SOFTWARE.
TERM
This Agreement is effective until terminated. This Agreement will terminate, and the license
granted to you by this Agreement will be revoked, immediately, without any notice from
Motorola, if you fail to comply with any provision of this Agreement. Upon termination, you
must destroy the Software.
Accompli 009 User's Guide_.book Page 6 Wednesday, June 26, 2002 2:56 PM