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Setup and Installation Guide
17
MERCHANTABILTY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. THE PRODUCTS ARE PROVIDED "AS IS." MOTOROLA SOLUTIONS
DOES NOT WARRANT THAT THE PRODUCTS WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE PRODUCTS WILL BE
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE PRODUCTS
WILL BE CORRECTED. MOTOROLA SOLUTIONS MAKES NO WARRANTY
WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF
THE PRODUCTS. Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
Limitation of Liability. THE TOTAL LIABILITY OF MOTOROLA SOLUTIONS UNDER
THIS AGREEMENT FOR DAMAGES SHALL NOT EXCEED THE FAIR MARKET
VALUE OF THE PRODUCTS LICENSED UNDER THIS AGREEMENT. IN NO
EVENT WILL MOTOROLA SOLUTIONS BE LIABLE IN ANY WAY FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES
OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS
PROFITS, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER
FORESEEABLE OR NOT, REGARDLESS OF WHETHER MOTOROLA
SOLUTIONS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
Some jurisdictions do not permit limitations of liability for incidental or consequential
damages, so the above exclusions may not apply to you. This Limitation of Liability
provision survives the termination of this Agreement and applies notwithstanding any
contrary provision in this Agreement. Licensee must bring any action under this
Agreement within one (1) year after the cause of action arises.
Maintenance. Unless provided for in a separate agreement, Motorola Solutions shall
not be responsible for maintenance or field service of the Products.
High Risk Activities. The Products are not fault-tolerant and are not designed,
manufactured or intended for use or resale as on-line control software in hazardous
environments requiring fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of the Products could
lead directly to death, personal injury, or severe physical or environmental damage
("High Risk Activities"). Motorola Solutions and its suppliers specifically disclaim any
express or implied warranty of fitness for High Risk Activities, and if you elect to use
the Products in any High Risk Activities, you agree to indemnify, defend, and hold
Motorola Solutions harmless from and against any and all costs, damages, and
losses related to that use.
U.S. Government. If you are acquiring the Products on behalf of any unit or agency
of the U.S. Government, the following shall apply. Use, duplication, or disclosure of
the Products is subject to the restrictions set forth in subparagraphs (c) (1) and (2) of
the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19
(JUNE 1987), if applicable, unless being provided to the Department of Defense. If
being provided to the Department of Defense, use, duplication, or disclosure of the
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