Motorola RFS4010 Series Installation Manual page 32

Rf switch
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28
RFS4010 RF Switch: Installation Guide
interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
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otherwise disseminates using, or in connection with, the Software.
4
FEES; SUPPORT AND UPGRADES. Licensor may, at Licensor's sole option, provide support services related to the
Software ("Support Services"). Nothing in this Agreement grants Licensee any right to receive any Support Services.
Use of any Support Services provided is governed by the Licensor policies and programs described in the user
manual, in "online" documentation, and/or in other Licensor-provided materials or support agreements. Any
supplemental software code provided to you as part of any Support Services shall be considered part of the Software
and subject to the terms and conditions of this EULA. With respect to technical information you provide to Licensor as
part of any Support Services, Licensor may use such information for its business purposes, including for product
support and development. Licensor will not utilize such technical information in a form that personally identifies
Licensee.
5
TERMINATION. Either party may terminate this Agreement at any time, with or without cause, upon written notice.
Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this
Agreement for any reason, Licensee shall return all copies of the Software to Licensor, or destroy and remove from all
computers, hard drives, networks, and other storage media all copies of the Software, and shall so certify to Licensor
that such actions have occurred. Sections 2-13 shall survive termination of this Agreement.
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
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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
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GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
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THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION
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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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