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16.5.1.10 Disclaimer
MOTOROLA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IM-
PLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. MOTOROLA SPECIF-
ICALLY 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 RELIABIL-
ITY OF THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the ex-
clusion of implied warranties, so the above exclusion may not apply to you.
16.5.1.11 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 LI-
CENSED 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 POS-
SIBLITY 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.
16.5.1.12 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.
16.5.1.13 Term of License
Your right to use the Software will continue in perpetuity unless terminated as follows. Your right
to use the Software will terminate immediately without notice upon a breach of this Agreement by
you. Within 30 days after termination of this Agreement, you will certify to Motorola in writing
that through your best efforts, and to the best of your knowledge, the original and all copies, in
whole or in part, in any form, of the Software and all related material and Documentation, have
Legal and Regulatory Notices
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