Motorola V635 Owner's Manual page 103

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9 No Trademark License. No license is granted to you in
this Agreement, either expressly or implicitly, to use any
trademark, service mark, names, or logos of AOL,
including America Online, AOL, AOL Instant Messenger,
Instant Messenger, AIM and the Running Man logo. AOL
owns all intellectual property in the Software, the Service
and the proprietary AOL name space database, including
but not limited to AOL components and algorithms and
access to the Service server complex. AOL and/or its
suppliers or service providers own all customer data
collected through the Service registration process.
10 Injunctive Relief. You acknowledge that the Software
contains AOL's proprietary and confidential information,
and that disclosure of such information or misuse of the
Software will give rise to irreparable injury to AOL,
inadequately compensable in damages. Accordingly, AOL
may seek and obtain injunctive relief against the breach
or threatened breach of the foregoing undertakings, in
addition to any other legal remedies that may be
available.
11 Construction. If any part of the Agreement is held invalid
or unenforceable, that portion shall be construed to reflect
the parties' original intent, and the remaining portions
remain in full force and effect. The laws of the
Commonwealth of Virginia, excluding its conflicts-of-law
rules, govern this Agreement, and you expressly agree
that jurisdiction for any claim or dispute arising from the
use of the Protocols resides in the federal and state
courts of the Commonwealth of Virginia.
101

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