Motorola V330 Specifications download pdf (Page 99)

OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT

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 access the Service while engaging in any activity that

requires your full attention.

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Motorola V330 Specifications Page 99