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left page (34)
of A75_Libra, fcc, us-en, (30.05.2005, 10:36)
End user license agreement
34
VA
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0503
24
9. Limitation of liability.
To the maximum extent permitted by ap-
plicable law, in no event shall Licensor or
Licensor's Software suppliers or their re-
specitve 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, cov-
er, 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 dam-
ages. Because some countries/states/ju-
risdictions do not allow the exclusion or
limitation of liability, but may allow liabili-
ty 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, ei-
ther (a) return of the price paid less a rea-
sonable 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 accor-
dance with the requirements of the limit-
ed warranty.
Nothing contained in this Agreement
shall prejudice the statutory rights of any
party dealing as a consumer. Nothing
contained in this Agreement limits Licen-
sor's liability to You in the event of death
or personal injury resulting from Licen-
sor'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 restrict-
ing obligations, warranties and liability as
provided in this clause 9, but in no other
respects and for no other purpose.
10. Technical support.
Licensor has no obligation to furnish You
with technical support except as agreed
in writing between You and Licensor in
the Limited Warranty provided with the
phone.
11. Export control.
The Software may be subject to export
regulations of the United States and other
countries. You agree that You shall com-
ply with all applicable export laws, restric-
tions and regulations of the United States
or foreign agencies or authorities, and
shall not export, or transfer for the pur-
pose of re-export, any Software, product
or technical data received under this
Agreement or any Software or product
produced by use of such technical data,
including processes and services, in viola-
tion of any applicable restrictions, laws or
regulations, or without all necessary
approvals.
12. Applicable law & general provisions.
This Agreement shall be governed by and
construed in accordance with the laws of
the State of California without regard to
its conflicts of laws rules. This is the entire
agreement between Licensor and You re-
lating to the Software and it supersedes
any prior representations, discussions,
undertakings, end user agreements, com-
munications or advertising relating to the
Software.
