Motorola i90c User Manual page 198

90
8. APPLICATION CUSTOMER CARE AND SUPPORT – Customer acknowledges and
agrees that in most cases, the developer of an Application is responsible for providing
customer care and Application support to all Customers using the Application. In the
event Customer contacts Company customer care with a problem concerning the use of an
Application, Customer may be referred to the Application developer's customer care, and
Company shall have no obligation to support such Application.
9. CONTENT; INTELLECTUAL PROPERTY RIGHTS – Company is not a publisher of
third party content that Customer may from time to time access through Nextel Online
Services; therefore Company is not responsible for the content provided by such third
parties, including but not limited to statements, opinions, graphics, photos, music, services
and other information ("Content"), and accessed by Customer through Nextel Online
Services. Company gives no guarantee or assurance as to the currency, accuracy,
completeness or utility of Content obtained through Nextel Online Services. Company,
Content providers and others have proprietary interests in certain Content. Customer shall
not, nor permit others, to reproduce, broadcast, distribute, sell, publish, commercially
exploit or otherwise disseminate such Content in any manner without the prior written
consent of Company, Content providers, or others with proprietary interests in such
Content, as applicable.
10. RISK OF LOSS: INSURANCE – Upon Customer's acceptance of delivery of the
Equipment, all risk of loss, damage, theft, or destruction to the Equipment shall be borne
by the Customer. No such loss, damage, theft, or destruction of the Equipment, in whole
or part, shall impair the obligations of Customer hereunder, including, without limitation,
responsibility for the payment of Service Charges due hereunder. If the Equipment is
purchased on an installment basis, or on credit, Customer agrees to maintain, for the term
of this Agreement, at its own expense, comprehensive public liability and property
damage insurance with respect to its use of the Equipment in an amount not less than the
replacement value of the Equipment, naming Company as co-insured, with all losses
payable to Company. Certificates, evidencing proof of such policy and payment of
premiums, shall be delivered to Company prior to delivery or installment of the
Equipment. Customer shall prepay such premiums as required and shall furnish Company
with proof of such payment at the beginning of the Payment Term and upon the expiration
of any Certificate. Any and all amounts received by the Company under any such policy
shall be applied by Company against the amount of the Equipment Sales Price and any
related charges or fees secured hereby. Failure to provide or maintain the insurance
required above is a breach of the Agreement for which the Company shall be entitled to
exercise any remedies it may have under this Agreement.
11. PROPERTY DAMAGE INSURANCE – If Customer selects Direct Protect insurance
protection, Company will remit the monthly charge for the insurance which appears on
Customer's bill to The Signal Telecommunications Insurance Services ("Signal") on
Customer's behalf. Customer acknowledges that insurance protection is offered by the
Signal, not Company, and that any requests for information or claims regarding the
insurance shall be directed to Signal. Customer acknowledges having received a summary
of coverage, including deductible information, which is also available by calling Signal at
1-888-352-9182.
nextel.com
190