Limit Of Liability - Motorola PMP 100 Release Notes And User Manual Supplement

Release 10.5 Release Notes and User Guide Supplement
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.
10.4.2 Hardware Warranty in US
Motorola US offers a warranty covering a period of 1 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.
10.5

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.
FCC Draft, November 2010 Page 44