Motorola WS5100 Series Cli Reference Manual page 11

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6. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law,
Licensor and its suppliers provide the Software and any (if any) Support Services AS IS AND
WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express,
implied or statutory, including, but not limited to, any (if any) implied warranties or
conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of
accuracy or completeness of responses, of results, and of lack of negligence or lack of
workmanlike effort, all with regard to the Software, and the provision of or failure to provide
Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR
NONINFRINGEMENT WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE
QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND
SUPPORT SERVICES, IF ANY, REMAINS WITH LICENSEE.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR
ITS SUPPLIERS BE LIABLE FOR ANY GENERAL, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE
TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING
OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE,
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF
THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR
BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that Licensee
might incur for any reason whatsoever (including, without limitation, all damages
referenced above and all direct or general damages), the entire liability of Licensor and any
of its suppliers under any provision of this Agreement and Licensee's exclusive remedy for
all of the foregoing shall be limited to the greater of the amount actually paid by Licensee
for the Software or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall
apply to the maximum extent permitted by applicable law, even if any remedy fails its
essential purpose.
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