Motorola SidekickSlideTMB User Guide - Page 64

AOL® License, Your Representations., Charges., Termination., No Support by AOL.

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may not authorize or assist any third party to do any of the things described in this paragraph. 3. Your Representations. You represent and warrant that you will use the Software and Service only for lawful purposes and in accordance with this Agreement, and that you will not use the Software or the Service to violate any law, regulation or ordinance or any right of AOL or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark. 4. Charges. Please consult your rate plan and agreement with your service provider to determine if the Service is included in your rate plan, or if other charges may apply. 5. Termination. Should you breach this Agreement, your right to use the Software and the Service shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Software and the Service. In the event of any termination of this Agreement, the restrictions on your use of the Software and Service as set forth in Paragraph 2 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms. 6. No Support by AOL. You understand that you use the Software and the Service at your own risk and provides no assistance or support for your use of the Software or the Service. 7. Disclaimer of Warranty. THE SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE SOFTWARE AND THE SERVICE ARE (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET 62 AOL® License ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. AOL SHALL HAVE NO LIABILITY WITH RESPECT TO USE OF THE SOFTWARE OR THE SERVICE. 8. Limitation of Liability. NEITHER AOL, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 9. No Trademark License. No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of AOL, including America Online, AOL, AOL Instant Messenger, Instant Messenger, AIM and the Running Man logo. AOL owns all intellectual property in the Software, the Service and the proprietary AOL name space database, including but not limited to AOL components and algorithms and access to the Service server complex. AOL and/or its suppliers or service providers own all customer data collected through the Service registration process.

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62
AOL® License
may not authorize or assist any third party to do any of the things
described in this paragraph.
3. Your Representations.
You represent and warrant that you
will use the Software and Service only for lawful purposes and in
accordance with this Agreement, and that you will not use the
Software or the Service to violate any law, regulation or ordinance
or any right of AOL or any third party, including, without limitation,
any right of privacy, publicity, copyright or trademark.
4. Charges.
Please consult your rate plan and agreement with
your service provider to determine if the Service is included in your
rate plan, or if other charges may apply.
5. Termination.
Should you breach this Agreement, your right to
use the Software and the Service shall terminate immediately and
without notice. You may also terminate this Agreement by simply
discontinuing use of the Software and the Service. In the event of
any termination of this Agreement, the restrictions on your use of
the Software and Service as set forth in Paragraph 2 (“Restrictions
on Use”) shall survive such termination, and you agree to be bound
by those terms.
6. No Support by AOL.
You understand that you use the Software
and the Service at your own risk and provides no assistance or
support for your use of the Software or the Service.
7. Disclaimer of Warranty.
THE SOFTWARE AND THE SERVICE
ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES THAT THE SOFTWARE AND THE SERVICE ARE (A)
FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET
ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO
OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE,
(F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING,
UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF
EXCLUSION. AOL SHALL HAVE NO LIABILITY WITH RESPECT TO
USE OF THE SOFTWARE OR THE SERVICE.
8. Limitation of Liability.
NEITHER AOL, ITS EMPLOYEES,
DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY
ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN
THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL’S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9. No Trademark License.
No license is granted to you in this
Agreement, either expressly or implicitly, to use any trademark,
service mark, names, or logos of AOL, including America Online,
AOL, AOL Instant Messenger, Instant Messenger, AIM and the
Running Man logo. AOL owns all intellectual property in the
Software, the Service and the proprietary AOL name space
database, including but not limited to AOL components and
algorithms and access to the Service server complex. AOL and/or
its suppliers or service providers own all customer data collected
through the Service registration process.