Motorola PMP 320 Administration And Configuration Manual page 94

Service Flow Creation
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,
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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.
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agreement for the Related Product.
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agreed restriction on transfer, to another party. However, all such transfers of Software are strictly subject
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controversy or claim involving intellectual property, prior to initiation of any formal legal process, will be
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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
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action in the event of future breaches.
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Chapter 9: Regulatory, Legal, and Safety Notices
MAR 2010