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Motorola warr ants that each copy of the Softwar e will be fr ee fr om physical defects in the
media that tangibly embodies the copy for a per iod of ninety ( 90) days fr om the date the
pr oduct accompanying the Software was pur chased by you. Motorol a, at i ts option, will at
no char ge repair or r eplace the media of the Softwar e that contains defects in material s or
wor kmanship in the media. No updates ar e pr ovided. Motorola makes no war ranty or
representation that the Softwar e will meet your requir ements or will wor k in combination
with any hardwar e or appl ications software products pr ovided by thir d parties, that the
operation of the Software will be uninterr upted or err or fr ee, or that all defects i n Softwar e
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.
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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.
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This Agreement is effective until ter minated. This Agreement will ter minate, and the
license gr anted to you by this Agreement wil l be revoked, i mmediately, without any notice
from Motorola, if you fail to comply with any provision of this Agreement. Upon
termination, you must destr oy the Softwar e.
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