B
A Software License and Warranty
15
U.S. GOVERNMENT RESTRICTED RIGHTS
The Product and documentation is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. The contractor/
manufacturer is Motorola, Inc., Home and Mobility Business, 101 Tournament Drive, Horsham, PA 19044.
WARRANTY INFORMATION
SURFboard SB5101U and SB5101N DOCSIS 2.0 Cable Modem
Motorola, Inc.,
What is my limited warranty?
A limited warranty for this Product (including Software) is provided by Motorola to your distributor, cable operator,
or Internet service provider, as applicable. Please contact your cable operator or Internet service provider (“Service Provider”) for details. Motorola
does not warrant that any Software will perform error-free or without bugs. Motorola’s warranty shall not apply: (i) to any Product subjected to
accident, misuse, neglect, alteration, Acts of God, improper handling, improper transport, improper storage, improper use or application, improper
installation, improper testing, or unauthorized repair; or (ii) to cosmetic problems or defects which result from normal wear and tear under ordinary
use, and do not affect the performance or use of the Product. Motorola’s warranty applies only to a Product that is manufactured by Motorola and
identified by Motorola-owned trademarks, trade names, or product identification logos affixed to the Product. MOTOROLA DOES NOT
WARRANT THIS PRODUCT DIRECTLY TO YOU, THE END USER. EXCEPT AS DESCRIBED IN THIS SECTION “WARRANTY
INFORMATION,” THERE ARE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND RELATING TO THE PRODUCT, EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT. MOTOROLA IS NOT RESPONSIBLE FOR, AND PROVIDES
“AS IS,” ANY SOFTWARE SUPPLIED BY 3RD PARTIES.
What additional provisions should I be aware of?
Because it is impossible for Motorola to know the purposes for which you acquired this Product or
the uses to which you will put this Product, you assume full responsibility for the selection of the Product and for its installation and use. While
every reasonable effort has been made to ensure that you will receive a Product that you can use and enjoy, Motorola does not warrant that the
functions of the Product will meet your requirements or that the operation of the Product will be uninterrupted or error-free. MOTOROLA IS NOT
RESPONSIBLE FOR PROBLEMS OR DAMAGE CAUSED BY THE INTERACTION OF THE PRODUCT WITH ANY OTHER SOFTWARE
OR HARDWARE.
How long does this Limited Warranty last?
Contact your Service Provider for details.
What you must do to obtain warranty service.
For Product customer service, technical support, warranty claims, questions about your Internet
service or connection, contact your Service Provider. ALL WARRANTIES ARE VOID IF THE PRODUCT IS OPENED, ALTERED, AND/OR
DAMAGED.
THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES for any and all claims that you may have arising out of or in connection with this
Product, whether made or suffered by you or another person and whether based in contract or tort.
IN NO EVENT SHALL MOTOROLA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE PRODUCT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS), OR FROM ANY BREACH OF WARRANTY, EVEN IF
MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL MOTOROLA’S LIABILITY
EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.
Motorola’s warranty is governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws principles and
excluding the provisions of the United Nations
