LIMITED WARRANTY
Motorola warrants that each copy of the Software will be free from physical defects in the media that tangibly embodies the copy for a period of ninety (90) days from the date the product accompanying the Software was purchased by you. Motorola, at its option, will at no charge repair or replace the media of the Software that contains defects in materials or workmanship in the media. No updates are provided. Motorola makes no warranty or representation that the Software will meet your requirements or will work in combination with any hardware or applications software products provided by third parties, that the operation of the Software will be uninterrupted or error free, or that all defects in Software will be corrected. The entire risk as to the quality and performance of the Software is with you.
EXCEPT FOR THE ABOVE NINETY (90) DAY WARRANTY, THE SOFTWARE IS PROVIDED WITHOUT FURTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOTOROLA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VA RY FROM STATE TO STATE.
LIMITATION OF LIABILITY
REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THE WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL MOTOROLA BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN IF MOTOROLA OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO CASE SHALL THE LIABILITY OF MOTOROLA EXCEED THE PRICE PAID FOR THE SOFTWARE.
TERM
This Agreement is effective until terminated. This Agreement will terminate, and the license granted to you by this Agreement will be revoked, immediately, without any notice from Motorola, if you fail to comply with any provision of this Agreement. Upon termination, you must destroy the Software.
6Accompli 009 User’s Guide
