149
End user license agreement
right page (149)
of ONYX SL91 FCC am (11.09.2006, 12:00)
Ben
Q
2006,
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060711
8. Not fault tolerant.
The Software may contain technoloy that
is not fault tolerant and is not designed,
manufactured, or intended for use in
environments or applications in which
the failure of the licensed Software could
lead direclty to death, personal injury, or
severe physical or environmental damage
or financial loss.
9. Limitation of liability.
To the maximum extent permitted by
applicable law, in no event shall Licensor
or Licensor's Software suppliers or their
respecitve affiliates and employees be
liable for any lost profits, revenue, sales,
data or costs of procurement of substitute
goods or services, property damage,
personal injury, interruption of business,
loss of business information or for any
special, direct, indirect, incidental,
economic, cover, punitive, special or
consequential damages, however caused
and whether arising under contract, tort,
negligence, or other theory of liability
arising out of the use of or inability to use
the Software, even if Licensor or its
Software suppliers are advised of the
possibility of such damages. Because
some countries/states/jurisdictions do
not allow the exclusion or limitation of
liability, but may allow liability to be
limited, in such cases, the liability of
Licensor, its Software suppliers and their
respective affiliates and employees shall
be limited to, at Licensor's option, either
(a) return of the price paid less a
reasonable amount for usage, or (b)
repair or replacment of the Software that
does not meet the limited warranty
provided with the phone and which is
returned in accordance with the
requirements of the limited warranty.
Nothing contained in this Agreement
shall prejudice the statutory rights of any
party dealing as a consumer. Nothing
contained in this Agreement limits
Licensor's liability to You in the event of
death or personal injury resulting from
Licensor's negligence if law prohibits such
a limitation. Licensor is acting on behalf
of its software suppliers and their
respective employees and affiliates for the
purpose of disclaiming, excluding and/or
restricting obligations, warranties and
liability as provided in this clause 9, but in
no other respects and for no other
purpose.
