Filter
Top Products
MOTOMESH DUO 2.0 4300 Users Guide
July 2007
4-5
found to be defective within the warranty period, or to refund the purchase price and
terminate this Agreement. To seek such a remedy, you must return the entire Product to
Motorola, with a copy of the original purchase receipt within the warranty period.
13. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF MOTOROLA
UNDER THIS AGREEMENT FOR DAMAGES SHALL NOT EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR THE PRODUCTS LICENSED UNDER THIS
AGREEMENT. IN NO EVENT WILL MOTOROLA BE LIABLE IN ANY WAY FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES
OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS
PROFITS, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER
FORESEEABLE OR NOT, REGARDLESS OF WHETHER MOTOROLA HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. Some jurisdictions do not
permit limitations of liability for incidental or consequential damages, so the above
exclusions may not apply to you.
14. U.S. GOVERNMENT. If you are acquiring the Products on behalf of any unit or
agency of the U.S. Government, the following shall apply. Use, duplication or disclosure of
the Products is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the
Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987),
if applicable, unless being provided to the Department of Defense. If being provided to the
Department of Defense, use, duplication, or disclosure of the Products is subject to the
restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. Software
and Documentation may or may not include a Restricted Rights notice, or other notice
referring specifically to the terms and conditions of this Agreement. The terms and
conditions of this Agreement shall each continue to apply, but only to the extent that such
terms and conditions are not inconsistent with the rights provided to you under the
aforementioned provisions of the FAR or DFARS, as applicable to the particular procuring
agency and procurement transaction."
15. TERM OF LICENSE. Your right to use the Products will begin when you click the
“ACCEPT” button below, which constitutes acceptance of the terms and conditions herein,
and will continue in perpetuity unless terminated as follows. Your right to use the
Products will terminate immediately without notice upon a breach of this Agreement by
you. Otherwise, this Agreement may be terminated by either party upon thirty (30) days
prior written notice. Within thirty (30) days after termination of this Agreement, you will
certify to Motorola in writing that through your best efforts, and to the best of your
knowledge, the original and all copies, in whole or in part, in any form, of the Software and
all related material and Documentation, have been destroyed, except that, with prior
written consent from Motorola, you may retain one copy for archival or backup purposes.
You may not sublicense, assign or transfer the license or the Products, except as expressly
provided in this Agreement. Any attempt to otherwise sublicense, assign or transfer any of
the rights, duties or obligations hereunder is null and void.