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Disputes. You and Motorola hereby agree that any dispute, controversy or claim, except for
any dispute, controversy or claim involving intellectual property, prior to initiation of any formal
legal process, will be submitted for non-binding mediation, prior to initiation of any formal legal
process. Cost of mediation will be shared equally. Nothing in this Section will prevent either
party from resorting to judicial proceedings, if (i) good faith efforts to resolve the dispute under
these procedures have been unsuccessful, (ii) the dispute, claim or controversy involves
intellectual property, or (iii) interim relief from a court is necessary to prevent serious and
irreparable injury to that party or to others.
General. Illinois law governs this license. The terms of this license are supplemental to any
written agreement executed by both parties regarding this subject and the Software Motorola
is to license you under it, and supersedes all previous oral or written communications
between us regarding the subject except for such executed agreement. It may not be
modified or waived except in writing and signed by an officer or other authorized
representative of each party. If any provision is held invalid, all other provisions shall remain
valid, unless such invalidity would frustrate the purpose of our agreement. The failure of either
party to enforce any rights granted hereunder or to take action against the other party in the
event of any breach hereunder shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent action in the event of future breaches.
17.5.2 Hardware Warranty in U.S.
Motorola U.S. offers a warranty covering a period of one year from the date of purchase by
the customer. If a product is found defective during the warranty period, Motorola will repair
or replace the product with the same or a similar model, which may be a reconditioned unit,
without charge for parts or labor.
17.5.3 Limit of Liability
IN NO EVENT SHALL MOTOROLA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY
DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY
OR OTHER DAMAGE ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
PECUNIARY LOSS, OR FROM ANY BREACH OF WARRANTY, EVEN IF MOTOROLA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Some states do not allow
the exclusion or limitation of incidental or consequential damages, so the above exclusion or
limitation may not apply to you.) IN NO CASE SHALL MOTOROLA'S LIABILITY EXCEED
THE AMOUNT YOU PAID FOR THE PRODUCT.
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