Motorola i90c User Manual page 200

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forth in this Agreement. No amendment or addition to this Agreement shall be binding
upon this Company unless it is in writing and signed by both parties (and, in the case of
the Company, by an officer of the Company). Company shall not be bound by the terms
and conditions in Customer's purchase order or elsewhere, unless expressly agreed to in
writing by an officer of the Company. This Agreement becomes effective when accepted
by the Company. Should any provision of this Agreement be illegal or in contravention of
the law, such provision shall be considered null and void but the remainder of this
Agreement shall not be affected thereby. The failure of Company, at any time to require
the performance by Customer of the provisions of this Agreement shall not affect in any
way the right to require such performances at any later time nor shall the waiver by
Company of a breach of any provision hereof be taken or held to be a waiver of
compliance with or breach of any other provision or a continuing waiver of such
provision.
16. ASSIGNMENT/RESALE/GOVERNING LAW – This Agreement may be freely
assigned by Company to any successor of it or any other firm or entity capable of
performing its obligations hereunder, and upon any such assignment, Company shall be
released from all obligations to Customer. Customer may not assign this Agreement, or
resell the services which are subject to this Agreement without prior written consent of
Company. Subject to the restrictions contained herein, this Agreement shall bind and
inure to the benefit of the successors and permitted assigns of the parties hereto. This
Agreement shall be governed by the laws of the Commonwealth of Virginia.
17. NOTICE REGARDING USE OF SERVICE FOR 911 OR OTHER EMERGENCY
CALLS – The Service provided hereunder does not interact with 911 and other emergency
services in the same manner as landline telephone service. Depending on the
circumstances of a particular call, the Service provided hereunder may not be able to
identify your location to emergency services and you may not always be connected to the
appropriate emergency services provider. Additionally, the provision of 911 or other
emergency services may be conditioned on payment of amounts to the governmental
authorities who implement or coordinate access to such services, and Customer agrees that
Company may apportion and pass through such amounts to Customer, which shall be paid
by Customer when due, in connection with Customer's access to such 911 or other
emergency services, where available. CUSTOMER AGREES TO HOLD COMPANY
HARMLESS AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR
CAUSES OF ACTION (INCLUDING ALL ACTIONS BY THIRD PARTIES) ARISING
OUT OF THE USE OR ATTEMPTED USE OF THE COMPANY'S SERVICE TO
ACCESS 911 OR OTHER EMERGENCY SERVICES.
18. NO WARRANTY (SERVICE) – COMPANY MAKES NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE TO CUSTOMER IN CONNECTION WITH ITS USE OF THE SERVICE.
IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL OR OTHER INDIRECT DAMAGES TO THE FULL EXTENT
THE SAME MAY BE DISCLAIMED BY LAW. CUSTOMER ACKNOWLEDGES
THAT SERVICE INTERRUPTIONS WILL OCCUR FROM TIME TO TIME, AND
AGREES TO HOLD COMPANY HARMLESS FOR ALL SUCH INTERRUPTIONS.
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