Motorola WS5100 Series Installation Manual page 38

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8-4
WS5100 Series Switch Installation Guide
(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.
9. INDEMNITY. Licensee agrees that Licensor shall have no liability whatsoever for any
use Licensee makes of the Software. Licensee shall indemnify and hold harmless
Licensor from any claims, damages, liabilities, costs and fees (including reasonable
attorney fees) arising from Licensee's use of the Software as well as from Licensee's
failure to comply with any term of this Agreement.
10.FAULT TOLERANCE. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale in on-line control equipment in hazardous
environments requiring fail-safe performance, such as, but not limited to, the
operation of nuclear facilities, aircraft navigation or communication systems, air traffic
control, life support machines, or weapons systems, in which the failure of the
Software could lead directly or indirectly to death, personal injury, or physical or
environmental damage ("High Risk Activities"). Licensor and its suppliers specifically
disclaim any express or implied warranty of fitness for High Risk Activities.
11.U.S. GOVERNMENT LICENSE RIGHTS. Software provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with the
commercial license rights and restrictions described elsewhere herein. Software
provided to the U.S. Government pursuant to solicitations issued prior to December 1,
1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14
(JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. The
"Manufacturer" for purposes of these regulations is Motorola, Inc., One Symbol Plaza,
Holtsville, NY 11742.
12.EXPORT RESTRICTIONS. Licensee shall comply with all export laws and restrictions
and regulations of the Department of Commerce, the United States Department of
Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign
agency or authority, and Licensee shall not export, or allow the export or re-export of

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