Software License, Warranty, Safety, and Regulatory Information
VT2442 Voice Gateway
The Product is not designed or intended for use in on-line control of
aircraft, air traffic, aircraft navigation, or aircraft communications; or in
design, construction, operation, or maintenance of any nuclear facility.
MOTOROLA AND ITS 3rd PARTY LICENSORS DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES.
YOU REPRESENT AND WARRANT THAT YOU SHALL NOT USE THE
PRODUCT FOR SUCH PURPOSES.
Title to this Software, including the ownership of all copyrights, mask
work rights, patents, trademarks, and all other intellectual property rights
subsisting in the foregoing, and all adaptations to and modifications of
the foregoing, shall at all times remain with Motorola and its 3rd party
licensors. Motorola retains all rights not expressly licensed under this
License. The Software, including any images, graphics, photographs,
animation, video, audio, music, and text incorporated therein is owned by
Motorola or its 3rd party licensors and is protected by United States
copyright laws and international treat provisions. Except as otherwise
expressly provided in this License, the copying, reproduction, distribution
or preparation of derivative works of the Software, any portion of the
Product or the documentation is strictly prohibited by such laws and
treaty provisions. Nothing in this License constitutes a waiver of
Motorola’s rights under United States copyright law.
WARRANTY INFORMAT
I
ON
What is my limited warranty? A limited warranty for this Product
(including Software) is provided by Motorola to your distributor or service
provider, as applicable. Please contact your “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.
MOTOROLA’S WARRANTIES DO NOT APPLY TO PRODUCT THAT
HAS BEEN REFURBISHED OR REISSUED BY THE SERVICE
PROVIDER.
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 for its installation and use.
While every reasonable effort has been made to insure 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 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 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.
These matters are governed by the laws of the Commonwealth of
Pennsylvania, without regard to conflict of laws principles and excluding
the provisions of the United Nations Convention on Contracts for the
International Sale of Goods.
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