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THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MOTOROLA, AND
MOTOROLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT. MOTOROLA DOES NOT WARRANT THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN
THE
SOFTWARE
WILL
BE
CORRECTED.
NO
ORAL
OR
WRITTEN
REPRESENTATIONS MADE BY MOTOROLA OR AN AGENT THEREOF SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
MOTOROLA DOES NOT WARRANT ANY SOFTWARE THAT HAS BEEN OPERATED IN
EXCESS OF SPECIFICATIONS, DAMAGED, MISUSED, NEGLECTED, OR IMPROPERLY
INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein
fails of its essential purpose, IN NO EVENT SHALL MOTOROLA OR ANY OF THE
LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE
FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages
for loss of business profits, business interruption, loss of business information and the like),
whether foreseeable or unforeseeable, arising out of the use or inability to use the Software
or accompanying written materials, regardless of the basis of the claim and even if Motorola
or a Motorola representative has been advised of the possibility of such damage. Motorola's
liability to you for direct damages for any cause whatsoever, regardless of the basis of the
form of the action, will be limited to the price paid for the Software that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE
AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Maintenance and Support. Motorola shall not be responsible for maintenance or support of
the software.
By accepting the license granted under this agreement, you agree that
Motorola will be under no obligation to provide any support, maintenance or service in
connection with the Software or any application developed by you. Any maintenance and
support of the Related Product will be provided under the terms of the agreement for the
Related Product.
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