Motorola i670 User Manual page 189

Content, whether or not supported by Sprint, or any
contact with third parties through the use of
Wireless Data Services; (5) any damage or
personal injury allegedly caused by use of the
Equipment or Service; (6) any other damage due
directly or indirectly to causes beyond Sprint's
control, including, but not limited to, any act or
omission of any carrier or service provider other
than Sprint; or (7) acts of God, acts of public
enemies, acts of the government, acts or failure to
act of Customer, its agents, employees or
subcontractors, fires, floods, epidemics, quarantine
restrictions, corrosive substances in the air or other
hazardous environmental conditions, strikes,
freight embargoes, inability to obtain materials or
services, commotion, war, terrorism, unusually
severe weather conditions or default of Sprint's
subcontractors. WITHOUT LIMITING THE
FOREGOING, SPRINT'S SOLE LIABILITY FOR
SERVICE DISRUPTION, WHETHER CAUSED BY
THE NEGLIGENCE OF SPRINT OR
OTHERWISE, IS LIMITED TO A CREDIT
ALLOWANCE OF NOT MORE THAN THE
PROPORTIONATE CHARGE TO CUSTOMER
FOR THE PERIOD OF SERVICE DISRUPTION.
EXCEPT AS OTHERWISE SET FORTH IN THE
PRECEDING SENTENCE, IN NO EVENT SHALL
SPRINT BE LIABLE FOR ACTUAL DAMAGES OR
FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR OTHER INDIRECT DAMAGES CAUSED BY
ITS NEGLIGENCE OR OTHERWISE, NOR FOR
ECONOMIC LOSS, PERSONAL INJURIES OR
PROPERTY DAMAGE SUSTAINED BY
CUSTOMER OR ANY THIRD PARTIES. IF
CUSTOMER IS PROVIDED WITH A CREDIT
ALLOWANCE UNDER THIS SECTION, SPRINT
SHALL BE SUBROGATED TO ANY AND ALL
RIGHTS THAT CUSTOMER MAY HAVE AGAINST
ANY THIRD PARTY AS A RESULT OF
CUSTOMER'S LOSS OR EXPENSE, INCLUDING
BUT NOT LIMITED TO, ANY RIGHT CUSTOMER
MAY HAVE UNDER THE TELEPHONE
CONSUMER PROTECTION ACT. THIS SECTION
14 SHALL SURVIVE TERMINATION OF THIS
AGREEMENT. UNDER CERTAIN
CIRCUMSTANCES, SOME JURISDICTIONS MAY
NOT RECOGNIZE OR GIVE EFFECT, IN WHOLE
OR IN PART, TO WARRANTY DISCLAIMERS
AND/OR LIMITATIONS OF REMEDIES FOR
BREACH; AND THEREFORE, TO THE EXTENT
THAT THE DISCLAIMER SET FORTH IN
SECTION 13 AND THE LIMITATION OF
REMEDIES IN SECTION 14 ARE NOT
PERMITTED BY APPLICABLE LAW, THEY WILL
NOT APPLY TO CUSTOMER OR SHALL ONLY
APPLY TO THE EXTENT PERMITTED BY SUCH
APPLICABLE LAW.
15 INDEMNIFICATION. Customer shall indemnify,
defend, and hold Sprint harmless from any
violation by Customer of any applicable law or
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