Motorola SM56 Panduan Pengguna Mulai Cepat - Halaman 21

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prohibited by the United States Export Administration Act and the regulations thereunder or will

be used for any purpose prohibited by the Act.

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

OR 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. General. This License will be construed under the laws of the State of Massachusetts with

venue therein (or in the case of exclusive Federal jurisdiction, with venue in the Federal District

of Massachusetts). If any provision or portion thereof of this License shall be held by a court of

competent jurisdiction to be void or unenforceable, that provision will be enforced to the

maximum extent permissible, and the remaining provisions of this License will remain in full

force and effect. If you are a U.S. Government user, then the Software is provided with

"RESTRICTED RIGHTS" as set forth subparagraphs (c)(1) and (2) of the Commercial

Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the

Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.

8. 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