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

x

Page 13
Image 13
Motorola HK1223 manual Limitation of Liability