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regulations.
Termination. Without limiting Motorola's other rights, Motorola may terminate this license upon notice if you
G
fail to comply with the terms of the license. Upon termination, you agree to destroy all full and partial copies
of the Software in your possession or control.
Limited Warranty
Motorola warrants to you, the end user, that the Product will be free from defects in materials and workmanship
under normal use for a period of one (1) year from date of purchase, or two (2) years from date of purchase if you
reside in a European Union country. Motorola warrants to you, the end user, that the Software will perform
substantially in conformance with the related documentation for a period of ninety (90) days from date of
purchase. Motorola makes no warranty with respect to hardware and software not supplied by Motorola.
Motorola's entire liability and your sole and exclusive remedy under this warranty during the warranty period is that
Motorola, at its sole option, either shall repair or replace the Product or Software, as applicable. Any replacement
Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
In order to make a claim under this warranty you must comply with the following procedure:
1. Contact Motorola Customer Service within the warranty period to obtain a Return Materials Authorization
("RMA") number.
2. Return the defective Product and proof of purchase, shipping prepaid, to Motorola with the RMA number
prominently displayed on the outside of the package.
If you are located outside of the United States, a different warranty claim procedure may apply. Please contact your
vendor in order to arrange for warranty service.
THE ABOVE WARRANTIES ARE MADE BY Motorola ALONE, AND THEY ARE THE ONLY WARRANTIES MADE BY
ANYONE REGARDING THE PRODUCT AND THE SOFTWARE. TO THE EXTENT ALLOWED BY LAW, Motorola AND ITS
LICENSOR(S) EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND MAKE NO OTHER WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MER¬CHANT-
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE PRODUCT AND THE SOFTWARE. EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED ABOVE, Motorola AND ITS LICENSOR(S) DO NOT WARRANT, GUARANTEE OR
MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT AND THE
SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE
ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT AND THE SOFTWARE IS ASSUMED BY
YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME STATES OR JURISDICTIONS, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION
TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE PRODUCT. THERE MAY BE OTHER RIGHTS THAT YOU
MAY HAVE WHICH VARY FROM JURISDICTION TO JURISDICTION.
TO THE FULL EXTENT PERMITTED BY LAW, REGARDLESS OF WHETHER OR NOT ANY REMEDY SET FORTH HEREIN
FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL Motorola, ITS LICENSOR(S) AND THE DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS OF ANY OF THEM BE LIABLE TO YOU, WHETHER UNDER CONTRACT,
WARRANTY, TORT OR ANY OTHER THEORY OF LAW, FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR ANY SIMILAR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OR IMPAIRMENT OF DATA
OR BUSINESS INFORMATION, EVEN IF Motorola HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
Motorola'S OR ITS LICENSOR(S)' LIABILITY TO YOU (IF ANY) FOR ACTUAL DIRECT DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT [INCLUDING
NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE), WILL BE LIMITED TO, AND SHALL NOT EXCEED, THE AMOUNT
PAID FOR THE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU.
General Provisions
This Software License, Limited Warranty and Limitation of Remedies is governed by and construed in accordance
with the laws of the State of California, excluding its conflicts of laws rules. The United Nations Convention on
Contracts for the International Sale of Goods expressly does not apply. If any provision of this Software License,
Limited Warranty and Limitation of Remedies is held by a court of competent jurisdiction to be invalid or
unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining provisions
shall remain in full force and effect.
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