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Limitation of Liability
Limitation of Liability
The Products are not designed, intended, or authorized for use as components in systems intended
for surgical implant into the body; in other applications intended to support or sustain life; for the
planning, construction, maintenance, operation or use of any nuclear facility; for the flight,
navigation, communication of aircraft or ground support equipment; or in any other application in
which the failure of the Product could create a situation where personal injury or death may occur.
If CUSTOMER should use any Product or provide any Product to a third party for any such use,
CUSTOMER hereby agrees that MOTOROLA is not liable, in whole or in part, for any claims or
damages arising from such use, and further agrees to indemnify and hold MOTOROLA harmless
from any claim, loss, cost or damage arising from such use.
EXCEPT AS SPECIFICALLY STATED ABOVE, THE PRODUCTS ARE PROVIDED "AS IS"
AND MOTOROLA MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED,
STATUTORY, OR OTHERWISE REGARDING THE PRODUCTS. MOTOROLA
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF
DEALING OR USAGE OF TRADE.
Under no circumstances shall MOTOROLA be liable to CUSTOMER or any other party for any
costs, lost revenue or profits or for any other special, incidental or consequential damages, even if
MOTOROLA has been informed of such potential loss or damage. And in no event shall
MOTOROLA's liability to CUSTOMER for damages of any nature exceed the total purchase
price CUSTOMER paid for the Product at issue in the dispute, except direct damages resulting
from patent and/or copyright infringement, which shall be governed by the "INDEMNITY"
Section of this Agreement.
The preceding states MOTOROLA's entire liability for MOTOROLA's breach or failure to
perform under any provision of this Agreement.
Warranty Notification
Motorola guarantees to you, the original purchaser, the OEM module and accessories which you
have purchased from an authorized Motorola dealer (the "Products"), to be in conformance with
the applicable Motorola specifications current at the time of manufacture for a term of [1] year
from date of purchase of the Product(s) (Warranty Term).
You must inform Motorola of the lack of conformity to the applicable specifications of any of the
Products within a period of two (2) months from the date on which you detect a defect in
material, workmanship or lack of conformity and in any event within a term not to exceed the
Warranty Term, and must immediately submit the Product for service to Motorola's Authorized
Repair or Service Center. Motorola shall not be bound by Product related statements not directly
made by Motorola nor any warranty obligations applicable to the seller.
A list of the Motorola Call Center numbers is enclosed with this Product.
During the Warranty term, Motorola will, at its discretion and without extra charge, as your
exclusive remedy, repair or replace your Product which does not comply with this warranty; or
failing this, to reimburse the price of the Product but reduced to take into account the use you
have had of the Product since it was delivered. This warranty will expire at the end of the
Warranty Term.
This is the complete and exclusive warranty for a Motorola OEM module and accessories and in
lieu of all other warranties, terms and conditions, whether express or implied.
xiv
Module Hardware Description
May 31, 2008
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