Motorola DSR4410 Operator's Manual page 75

LIMITED WARRANTY
Commercial Integrated Receiver Decoder
Original Commerical Purchaser
General Instrument Corporation doing business as the Broadband Communication Sector of
Motorola, Inc. ("Motorola BCS") hereby warrants for the benefit of the original purchasers of
Commercial Integrated Receiver Decoders ("IRD") furnished herewith ("the User"), that such
IRDs shall be free from defects in material and workmanship for a period of twelve (12) months
commencing from date of original shipment for commercial use. Motorola BCS's obligation under
this limited warranty shall be limited to repairing, or at its option, replacing any such defective
IRD, which shall be returned to Motorola BCS. A replacement unit need not be new.
This warranty shall apply only to IRDs which, after regular installation and normal usage, are
found by Motorola BCS, in its reasonable determination, to have been defective or
nonconforming within the warranty period.
The IRD warranty set forth above shall be void: (i) if any IRD label, marking or serial number has
been defaced or removed; (ii) if any IRD has been abused, misused, improperly installed,
damaged in shipment or by accident, negligence or unusual hazard; (iii) if any IRD has been
altered, repaired or modified by anyone other than Motorola BCS without Motorola BCS's prior
written approval; or (iv) if any IRD has had its housing opened.
Motorola BCS shall have no liability to any third person or entity in relation to any warranty or
representation which purports to extend, alter, or modify the limited warranty terms set forth
above. Motorola BCS shall not be responsible for delays in performance of its obligations under
this limited warranty resulting from events outside its reasonable control.
THE LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AS TO
PERFORMANCE OF THE IRD, WHETHER STATUTORY, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THE SOLE
AND EXCLUSIVE REMEDY FOR ANY BREACH BY MOTOROLA BCS OF THIS
LIMITED WARRANTY SHALL BE FOR MOTOROLA BCS TO MAKE SUCH REPAIRS
AND OR REPLACEMENTS AS ARE NECESSARY TO FULFILL SUCH WARRANTY. IN
NO EVENT SHALL MOTOROLA BCS BE LIABLE FOR ANY INDIRECT, EXEMPLARY,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF AUDIO, VIDEO OR DATA SIGNALS, LOST
PROFITS, NON-RECEIPT AND NON-DELIVERY OF PROGRAMMING, AND
INTERRUPTION OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE IRD WARRANTED HEREIN, WHETHER BASED UPON
BREACH OF WARRANTY, STATUTORY VIOLATION, NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER LEGAL THEORY.