Motorola MOTOSURF A3100 Instruction Manual page 59

connection with wireless network services provided under separate agreement
between you and a wireless telecommunications provider ("Mobile Operator"). Those
installed software products of Microsoft origin, as well as associated media, printed
materials, and "online" or electronic documentation ("SOFTWARE") are protected by
international intellectual property laws and treaties. SOFTWARE includes software
already installed on the DEVICE ("DEVICE Software") and Microsoft software contained
on any CD-ROM disk accompanying the DEVICE ("Desktop Software").
The SOFTWARE is licensed, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT
USE THE DEVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT
MOTOROLA FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A
REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE
DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF
ANY PREVIOUS CONSENT).
1. GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:
1.1. DEVICE Software. You may use the DEVICE Software as installed on the DEVICE
(including as installed on removable media installed in the DEVICE). All or certain
portions of the DEVICE Software may be inoperable if a proper account is not
established or maintained with an appropriate Mobile Operator, or if the Mobile
Operator's network facilities are not operating or configured to operate with the DEVICE
software.
1.2. Desktop Software. Desktop Software is included with your DEVICE, and you may
install and use the Microsoft ActiveSync® 3.7.1 component on one (1) or more
computers to exchange information with one (1) or more computing devices that contain
a compatible version of the Microsoft Windows® for Smartphone 2003 Software. For
other software component(s) contained in the Desktop Software, you may install and
use such components only in accordance with the terms of the printed or online end
user license agreement(s) provided with such component(s). In the absence of an end
user license agreement for particular component(s) of the Desktop Software, you may
install and use only one (1) copy of such component(s) on the DEVICE or a single
computer with which you use the DEVICE.
1.3. Back-up Copy. If Motorola has not included a back-up copy of the DEVICE Software
with the DEVICE, you may make a single back-up copy of the DEVICE Software. You may
use the back-up copy solely for archival purposes.
1.4. Microsoft Windows® 2003. If Microsoft Outlook® 2002 is included with your
Device, the following terms apply to your use of Microsoft Outlook® 2002: (i)
regardless of the information contained in "Software Installation and Use" section of
the online EULA you may install one (1) copy of Microsoft Outlook® 2002 on one (1)
computer to use, exchange data, share data, access and interact with the DEVICE, and
(ii) the EULA for Microsoft Outlook® 2002 is between Motorola and the end user - not
between the PC manufacturer and end user.
2. Speech/Handwriting Recognition. If the Software includes speech and or
handwriting recognition component(s), you should understand that speech and
handwriting recognition are inherently statistical processes; that recognition errors are
inherent in the processes; that it is your responsibility to provide for handling such
errors and to monitor the recognition processes and correct any errors. Neither
Motorola nor its suppliers shall be liable for any damages arising out of errors in the
speech and handwriting recognition processes.
3. Limitations on Reverse Engineering, Decompilation and Disassembly. You may not
reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the
extent that such activity is expressly permitted by applicable law notwithstanding this
limitation.
4. Single DEVICE. The Device Software is licensed with the DEVICE as a single
integrated product. The DEVICE Software may only be used as part of the DEVICE,
notwithstanding any installation of the DEVICE Software on removable media.
5. Single EULA. The package for the DEVICE may contain multiple versions of this EULA,
such as multiple translations and/or multiple media versions (e.g., in the user
documentation and in the software). Even if you receive multiple versions of the EULA,
you are licensed to use only one (1) copy of the DEVICE Software.
6. Rental. You may not rent or lease the SOFTWARE.
7. Software Transfer. You may not permanently transfer any of your rights under this
EULA with regard to the DEVICE Software or Desktop Software, except as permitted by
the applicable Mobile Operator. In the event that the Mobile Operator permits such
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