Software License, Warranty, Safety, and Regulatory Information
VT2442 Voice Gateway
The Product is not designed orintended 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, includingthe ownership of all copyrights, mask
work rights, patents, trademarks, and all other intellectual property rights
subsisting inthe foregoing, and all adaptations to and modifications of
the foregoing, shall at all times remain with Motorola andits 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 ownedby
Motorola or its 3rdparty licensors and is protected byUnited States
copyright laws andinternational treat provisions. Except asotherwise
expressly provided in this License, the copying, reproduction, distribution
or preparation of derivative works of the Software, anyportion of the
Product or the documentationis strictly prohibited bysuch laws and
treaty provisions. Nothing in this License constitutesa waiver of
Motorola’s rights under UnitedStates copyright law.
WARRANTY INFORMATION
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 ofGod,
improper handling,improper transport, improper storage,improper use
or application, improper installation, improper testingor unauthorized
repair; or (ii) to cosmetic problems or defects which result from normal
wear and tear underordinary 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 forMotorola to know the purposes for which you acquired this
Product or the uses to which you will put this Product, you assume full
responsibilityfor the selection of the Product for its installation and use.
While every reasonable effort has been made toinsure that you will
receive a Product that you canuse and enjoy, Motorola does not warrant
that the functionsof the Product willmeet your requirementsor that the
operation of the Product will be uninterrupted or error-free. Motorola is
not responsible for problems caused by the interaction of theProduct
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, questionsabout your internet
service or connection, contactyour 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 inconnection with this
Product, whether made or suffered byyou 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 lawsprinciples and excluding
the provisions of the United Nations Convention on Contracts for the
International Sale ofGoods. 525332-001-a 11/05