Disclaimer; Limitation Of Liability; U.s. Government - Motorola PTP 250 User Manual

Motorola Solutions, Inc. end user license agreement

Disclaimer

MOTOROLA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. MOTOROLA
SPECIFICALLY DISCLAIMS ANY WARRANTY INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILTY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS." MOTOROLA DOES
NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT
THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MOTOROLA MAKES NO
WARRANTY WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF
THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the exclusion
of implied warranties, so the above exclusion may not apply to you.

Limitation of liability

THE TOTAL LIABILITY OF MOTOROLA UNDER THIS AGREEMENT FOR DAMAGES WILL
NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT LICENSED
UNDER THIS AGREEMENT. IN NO EVENT WILL MOTOROLA BE LIABLE IN ANY WAY
FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF
ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR
LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT,
REGARDLESS OF WHETHER MOTOROLA HAS BEEN ADVISED OF THE POSSIBLITY OF
SUCH DAMAGES. Some jurisdictions do not permit limitations of liability for incidental or
consequential damages, so the above exclusions may not apply to you.

U.S. government

If you are acquiring the Product on behalf of any unit or agency of the U.S. Government,
the following applies. Use, duplication, or disclosure of the Software and Documentation
is subject to the restrictions set forth in subparagraphs (c) (1) and (2) of the Commercial
Computer Software – Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if
applicable, unless being provided to the Department of Defense. If being provided to the
Department of Defense, use, duplication, or disclosure of the Products is subject to the
restricted rights set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. Software
and Documentation may or may not include a Restricted Rights notice, or other notice
referring specifically to the terms and conditions of this Agreement. The terms and
conditions of this Agreement will each continue to apply, but only to the extent that such
terms and conditions are not inconsistent with the rights provided to you under the
aforementioned provisions of the FAR and DFARS, as applicable to the particular
procuring agency and procurement transaction.
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Chapter 3: Legal information
phn-2182_003v004 (Oct 2011)