Motorola simplefi - Manual (Page 9)

S O F T WARE LICENSE AND LIMITED WA R R A N T Y
SOFTWARE LICENSE AND LIMITED WARRANTY VIII
This License and your rights regarding any matter it addresses are governed by the laws of the Commonwealth of
Pennsylvania, without reference to conflict of laws principles. THIS LICENSE SHALL TERMINATE AUTOMATICALLY
if you fail to comply with the terms of this License.
Motorola is not responsible for any third party software provided as a bundled application, or otherwise, with the
Product and/or Software.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software, Product and documentation are provided with RESTRICTED RIGHTS. The use, duplication or disclo-
sure by the Government is subject to restrictions as set forth in subdivision ©(1)(ii) of The Rights in Technical Data
and Computer Software clause at 52.227-7013. The contractor/manufacturer is Motorola, Inc., Broadband
Communications Sector, 101 Tournament Drive, Horsham, PA 19044.
LIMITED WARRANTY
Motorola warrants to the original end user customer that the Product (including firmware but excluding any
Application Software) will be free from defects in materials and workmanship under normal use. With respect to
Application Software, Motorola warrants to the original end user customer that (i) the media on which the
Application Software is provided (“Media”) will be free from defects in material and workmanship under normal
use, and (ii) the Application Software will perform substantially as described in its documentation; however,
Motorola does not warrant that such Application Software will perform error free or without bugs. These warranties
shall not apply: (i) to any Product, Software or Media subjected to accident, misuse, neglect, alteration, Acts of
God, improper handling, improper transport, improper storage, improper use or application, improper installation,
improper testing or unauthorized repair; or (ii) to cosmetic problems or defects which result from normal wear and
tear under ordinary use, and do not affect the performance or use of the Product, Software and/or Media. These
warranties apply only to a Product, Software and/or Media that are manufactured by Motorola and identified by
the Motorola or General Instrument trademark, trade name or product identification logo(s) affixed to the Product.
MOTOROLA IS NOT RESPONSIBLE FOR, AND PROVIDES “AS IS” ANY SOFTWARE SUPPLIED BY 3RD PARTIES.
EXCEPT AS EXPRESSLY STATED IN THIS PARAGRAPH, THERE ARE NO WARRANTIES OF ANY KIND RELATING
TO THE PRODUCT, SOFTWARE AND MEDIA, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHATABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY
AGAINST INFRINGMENT PROVIDED IN THE UNIFORM COMMERCIAL CODE. Some states do not allow for the
exclusion of implied warranties, so the above exclusion may not apply to you.
What additional provisions should I be aware of? Because it is impossible for Motorola to know the purposes for
which you acquired this Product and Software or the uses to which you will put this Product and Software, you
assume full responsibility for the selection of the Product and Software for its installation and use. While every rea-
sonable effort has been made to insure that you will receive a Product and Software that you can use and enjoy,
Motorola does not warrant that the functions of the Product and Software will meet your requirements or that the
operation of the Product and Software will be uninterrupted or error-free. Motorola is not responsible for problems
caused by the interaction of the Product and Software with any other hardware or software.
How long does this Limited Warranty last? The Limited Warranty for the Product (including firmware) continues for
a period of one (1) year from the date of original purchase from an authorized Motorola re-seller. Application
Software and Media are warranted for a period of ninety (90) days from the date of original purchase from an
authorized Motorola re-seller. All warranty claims must be made within the applicable Warranty Period.
What you must do to obtain warranty service. To take advantage of this Limited Warranty you must return the
Product, Software and Media for repair or replacement to your original point of purchase along with an original
point of purchase receipt. For assistance with this process, you may call the Motorola toll-free phone number
(below). Motorola’s sole and exclusive obligation shall be to repair or replace any Product, Software and/or Media
that does not meet Motorola’s Limited Warranty. THIS WARRANTY IS VOID IF THE PRODUCT IS DAMAGED.
THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES for any and all claims that you may have arising out of or in
connection with this Product, Software and Media, whether made or suffered by you or another person and
whether based in contract or tort.
IN NO EVENT SHALL MOTOROLA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT,
GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE
USE OR INABILITY TO USE THE PRODUCT, SOFTEWARE AND/OR MEDIA (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY
OTHER PECUNIARY LOSS), OR FROM ANY BREACH OF WARRANTY, EVEN IF MOTOROLA HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. (Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above exclusion or limitation may not apply to you.) IN NO CASE SHALL
MOTOROLA’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.
This warranty is governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws principles.
Motorola’s toll-free number is 1-800-200-6084