Motorola KVL 4000, User Manual

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KVL 4000 Key Variable Loader ASTRO 25 User Guide
12. Disclaimer
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, MOTOROLA DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY
COMMUNICATION WITH YOU. MOTOROLA SPECIFICALLY DISCLAIMS ANY WARRANTY
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY, NONINFRINGEMENT, OR FITNESS
FOR A PARTICULAR PURPOSE. THE PRODUCTS ARE PROVIDED “AS IS”. MOTOROLA DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. MOTOROLA MAKES NO WARRANTY WITH RESPECT TO THE CORRECTNESS,
ACCURACY, OR RELIABILITY OF THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not
allow the exclusion of implied warranties, so the above exclusion may not apply to you.
13. Remedies
The entire liability of Motorola, and your exclusive remedy under the warranty provided in this Agreement will be,
at Motorola's option, to repair or replace any Media found to be defective within the warranty period, or to refund
the purchase price and terminate this Agreement. To seek such a remedy, you must return the entire Product to
Motorola, with a copy of the original purchase receipt, within the warranty period.
14. Limitation of Liability
THE TOTAL LIABILITY OF MOTOROLA UNDER THIS AGREEMENT FOR DAMAGES WILL NOT
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT LICENSED UNDER THIS
AGREEMENT. IN NO EVENT WILL MOTOROLA OR ANY OF THE LICENSORS 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 HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS PARAGRAPH WILL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Some jurisdictions do not permit limitations of liability for incidental or consequential damages, so the above
exclusions may not apply to you.
15. U.S. Government
If you are acquiring the Product on behalf of any unit or agency of the U.S. Government, the following applies. 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 Products is subject to the restricted rights set forth in subparagraph (c) (1) (ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. Software
and Documentation may or may not include a Restricted Rights notice, or other notice referring specifically to
the terms and conditions of this Agreement. The terms and conditions of this Agreement will each continue to
apply, but only to the extent that such terms and conditions are not inconsistent with the rights provided to you
under the aforementioned provisions of the FAR and DFARS, as applicable to the particular procuring agency and
procurement transaction.
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