Motorola Modem SM56 User Manual download pdf (Page 22)

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 ERROR-FREE, OR THAT DEFECTS IN THE

SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN

REPRESENTATIONS MADE BY MOTOROLA OR AN AGENT THEREOF

SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE

OF THIS WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW

THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE

ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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.

______________

Readme 04/12/99

JHowley

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Motorola Modem SM56 User Manual Page 22