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except for such executed agreement. It may not be modified or waived except in writing and signed by an
officer or other authorized representative of each party. If any provision is held invalid, all other provisions
shall remain valid, unless such invalidity would frustrate the purpose of our agreement. The failure of
either party to enforce any rights granted hereunder or to take action against the other party in the event
of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of
rights or subsequent action in the event of future breaches.
15.4.2 Hardware Warranty in U.S.
Motorola U.S. offers a warranty covering a period of one year from the date of purchase by the customer.
If a product is found defective during the warranty period, Motorola will repair or replace the product with
the same or a similar model, which may be a reconditioned unit, without charge for parts or labor.
15.4.3 Limit of Liability
IN NO EVENT SHALL MOTOROLA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT,
INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER
DAMAGE ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, OR FROM ANY BREACH
OF WARRANTY, EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. (Some states do not allow the exclusion or limitation of incidental or consequential damages,
so the above exclusion or limitation may not apply to you.) IN NO CASE SHALL MOTOROLA'S LIABILITY
EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.
Issue 3.1, July 2006
Page 157 of 162
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