4.Export Law Assurances. You agree that neither the Software nor any direct product thereof is being or will be shipped, transferred or
5.Warranty. The Software and written materials are provided "AS IS" and without warranty of any kind. Motorola's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Motorola's option, replacement of the disk(s) or refund the amount paid for this Software License.
NO OTHER WARRANTY IS PROVIDED BY MOTOROLA, AND MOTOROLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MOTOROLA DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
6.Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, in no event shall Motorola or any of the licensors, directors, officers, employees or affiliates of the foregoing be liable to you for any consequential, incidental, indirect, special or similar damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Motorola or a Motorola representative has been advised of the possibility of such damage. Motorola's liability to you for direct damages for any cause whatsoever, and regardless of the basis of the form of the action, will be limited to the price paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY WITHOUT THIS LIMITATION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7.Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Motorola.
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