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Chapter 6: Certification and Safety Information
July 2007
6-10
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MOTOROLA, AND
MOTOROLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. MOTOROLA DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
MOTOROLA OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. MOTOROLA DOES NOT WARRANT ANY
SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS, DAMAGED,
MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails
of its essential purpose, IN NO EVENT SHALL MOTOROLA OR ANY OF THE LICENSORS,
DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR
DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits,
business interruption, loss of business information and the like), whether foreseeable or unforeseeable,
arising out of the use or inability to use the Software or accompanying written materials, regardless of
the basis of the claim and even if Motorola or a Motorola representative has been advised of the
possibility of such damage. Motorola's liability to you for direct damages for any cause whatsoever,
regardless of the basis of the form of the action, will be limited to the price paid for the Software that
caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY
ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH
LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
Maintenance and Support. Motorola shall not be responsible for maintenance or support of the
software. By accepting the license granted under this agreement, you agree that Motorola will be under
no obligation to provide any support, maintenance or service in connection with the Software or any
application developed by you. Any maintenance and support of the Related Product will be provided
under the terms of the agreement for the Related Product.
Transfer. In the case of software designed to operate on Motorola equipment, you may not transfer
the Software to another party except: (1) if you are an end-user, when you are transferring the Software
together with the Motorola equipment on which it operates; or 2) if you are a Motorola licensed
distributor, when you are transferring the Software either together with such Motorola equipment or
are transferring the Software as a licensed duly paid for upgrade, update, patch, new release,
enhancement or replacement of a prior version of the Software. If you are a Motorola licensed
distributor, when you are transferring the Software as permitted herein, you agree to transfer the
Software with a license agreement having terms and conditions no less restrictive than those contained
herein. You may transfer all other Software, not otherwise having an agreed restriction on transfer, to
another party. However, all such transfers of Software are strictly subject to the conditions precedent
that the other party agrees to accept the terms and conditions of this License, and you destroy any copy
of the Software you do not transfer to that party. You may not sublicense or otherwise transfer, rent or
lease the Software without our written consent. You may not transfer the Software in violation of any
laws, regulations, export controls or economic sanctions imposed by the US Government.