Motorola ML910 - Manual (Page 6)

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Section 10 LIMITATION OF LIABILITY
MOTOROLA’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR DAMAGES SHALL NOT
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SOFTWARE UNDER THIS
AGREEMENT. IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.
Section 11 U.S. GOVERNMENT
If You are a unit or agent of the U.S. Government, You acknowledge Motorola’s representation
that the Software represents “Commercial Computer Software” and that the Government’s
use of the Software shall be subject to “Restricted Rights”, as provided in DFARS
252.227–7013 (c) (1) (ii), or FAR 52.227–19.
Section 12 GOVERNING LAW
This Agreement shall be governed by the laws of the United States of America to the extent
that they apply and otherwise by the laws of the State of Illinois.
Section 13 ASSIGNMENT
This Agreement may not be assigned or otherwise transferred by you.
Section 14 SURVIVAL OF PROVISIONS
The parties agree that where the context of any provision indicates an intent that it shall
survive, the term of this Agreement then it shall survive.
Section 15 ENTIRE AGREEMENT
This Agreement contains the parties’ entire agreement regarding your use of Software and
may be amended only in a writing signed by both parties, except that Motorola may modify this
Agreement as necessary to comply with applicable laws and regulations including FCC
regulations.
Section 16 THIRD-PARTY SOFTWARE
The Software may contain one or more items of third-party software supplied by other
third-party suppliers. The terms of this Agreement govern your use of any third-party software
UNLESS A SEPARATE THIRD-PARTY SOFTWARE LICENSE IS INCLUDED WITH THIS
PACKAGE, IN WHICH CASE YOUR USE OF THE THIRD-PARTY SOFTWARE WILL THEN
BE GOVERNED BY THE SEPARATE THIRD-PARTY LICENSE.
IF THE FOREGOING TERMS AND CONDITIONS ARE ACCEPTABLE TO YOU, YOU
AGREE THAT YOUR USE OF THE PRODUCT WITH THE EMBEDDED SOFTWARE WILL
INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.
IF THE FOREGOING TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, THEN
MOTOROLA IS UNWILLING TO LICENSE THE SOFTWARE TO YOU, IN WHICH EVENT
YOU SHOULD NOT USE THE PRODUCT WITH THE EMBEDDED SOFTWARE AND YOU
SHOULD RETURN IT TO THE PLACE FROM WHICH IT WAS ACQUIRED, AND YOUR
MONEY WILL BE REFUNDED.