Motorola C256 - Manual (Page 104)

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SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, AOL'S LIABILITY SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
9. No Trademark License. No license is granted to you in this Agreement,
either expressly or implicitly, to use any trademark, service mark, names,
or logos of AOL, including America Online, AOL, AOL Instant Messenger,
Instant Messenger, AIM and the Running Man logo. AOL owns all
intellectual property in the Software, the Service and the proprietary AOL
name space database, including but not limited to AOL components and
algorithms and access to the Service server complex. AOL and/or its
suppliers or service providers own all customer data collected through the
Service registration process.
10. Injunctive Relief. You acknowledge that the Software contains AOL's
proprietary and confidential information, and that disclosure of such
information or misuse of the Software will give rise to irreparable injury to
AOL, inadequately compensable in damages. Accordingly, AOL may seek
and obtain injunctive relief against the breach or threatened breach of the
foregoing undertakings, in addition to any other legal remedies that may
be available.
11. Construction. If any part of the Agreement is held invalid or
unenforceable, that portion shall be construed to reflect the parties'
original intent, and the remaining portions remain in full force and effect.
The laws of the Commonwealth of Virginia, excluding its conflicts-of-law
rules, govern this Agreement, and you expressly agree that jurisdiction for
any claim or dispute arising from the use of the Protocols resides in the
federal and state courts of the Commonwealth of Virginia.
12. Safety. Please obey all local laws and keep safety in mind when using
this device to accessthe Service while engaging in any activity that
requires your full attention.
UG.C350.GSM.book Page 102 Wednesday, August 27, 2003 2:30 PM