Motorola V551 Start Here Manual page 89

BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR
PURPOSE OR (G) NON-INFRINGING, UNLESS SUCH
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AOL
SHALL HAVE NO LIABILITY WITH RESPECT TO USE OF THE
SOFTWARE OR THE SERVICE.
8 Limitation of Liability. NEITHER AOL, ITS EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY
ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN
THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS,
AOL'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
9 No Trademark License. No license is granted to you in this
Agreement, either expressly or implicitly, to use any trademark,
service mark, names, or logos of AOL, including America Online,
AOL, AOL Instant Messenger, Instant Messenger, AIM and the
Running Man logo. AOL owns all intellectual property in the Software,
the Service and the proprietary AOL name space database, including
but not limited to AOL components and algorithms and access to the
Service server complex. AOL and/or its suppliers or service providers
own all customer data collected through the Service registration
process.
10 Injunctive Relief. You acknowledge that the Software contains AOL's
proprietary and confidential information, and that disclosure of such
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