Motorola C330 User Manual page 91

this Agreement, and that you will not use the Software or the Service to
violate any law, regulation or ordinance or any right of AOL or any third
party, including, without limitation, any right of privacy, publicity,
copyright or trademark.
4. Charges. Please consult your rate plan and agreement with your
service provider to determine if the Service is included in your rate plan,
or if other charges may apply.
5. Termination. Should you breach this Agreement, your right to use the
Software and the Service shall terminate immediately and without
notice. You may also terminate this Agreement by simply discontinuing
use of the Software and the Service. In the event of any termination of
this Agreement, the restrictions on your use of the Software and Service
as set forth in Paragraph 2 ("Restrictions on Use") shall survive such
termination, and you agree to be bound by those terms.
6. No Support by AOL. You understand that you use the Software and
the Service at your own risk and provides no assistance or support for
your use of the Software or the Service.
7. Disclaimer of Warranty. THE SOFTWARE AND THE SERVICE ARE
PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
THAT THE SOFTWARE AND THE SERVICE ARE (A) FREE OF DEFECTS OR
ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF
YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED
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
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