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18.4
Legal Notices
18.4.1 Software License Terms and Conditions
ONLY OPEN THE PACKAGE, OR USE THE SOFTWARE AND RELATED PRODUCT IF YOU
ACCEPT THE TERMS OF THIS LICENSE. BY BREAKING THE SEAL ON THIS DISK KIT / CDROM,
OR IF YOU USE THE SOFTWARE OR RELATED PRODUCT, YOU ACCEPT THE TERMS OF THIS
LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE
SOFTWARE OR RELATED PRODUCT; INSTEAD, RETURN THE SOFTWARE TO PLACE OF
PURCHASE FOR A FULL REFUND. THE FOLLOWING AGREEMENT IS A LEGAL AGREEMENT
BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), AND MOTOROLA, INC. (FOR ITSELF AND
ITS LICENSORS). THE RIGHT TO USE THIS PRODUCT IS LICENSED ONLY ON THE CONDITION
THAT YOU AGREE TO THE FOLLOWING TERMS.
Now, therefore, in consideration of the promises and mutual obligations contained herein, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, you and Motorola agree as follows:
Grant of License. Subject to the following terms and conditions, Motorola, Inc., grants to you a
personal, revocable, non-assignable, non-transferable, non-exclusive and limited license to use on a
single piece of equipment only one copy of the software contained on this disk (which may have been
pre-loaded on the equipment)(Software). You may make two copies of the Software, but only for
backup, archival, or disaster recovery purposes. On any copy you make of the Software, you must
reproduce and include the copyright and other proprietary rights notice contained on the copy we have
furnished you of the Software.
Ownership. Motorola (or its supplier) retains all title, ownership and intellectual property rights to the
Software and any copies, including translations, compilations, derivative works (including images)
partial copies and portions of updated works. The Software is Motorola's (or its supplier's) confidential
proprietary information. This Software License Agreement does not convey to you any interest in or to
the Software, but only a limited right of use. You agree not to disclose it or make it available to anyone
without Motorola's written authorization. You will exercise no less than reasonable care to protect the
Software from unauthorized disclosure. You agree not to disassemble, decompile or reverse engineer,
or create derivative works of the Software, except and only to the extent that such activity is expressly
permitted by applicable law.
Termination. This License is effective until terminated. This License will terminate immediately without
notice from Motorola or judicial resolution if you fail to comply with any provision of this License. Upon
such termination you must destroy the Software, all accompanying written materials and all copies
thereof, and the sections entitled Limited Warranty, Limitation of Remedies and Damages, and General
will survive any termination.
Limited Warranty. Motorola warrants for a period of ninety (90) days from Motorola's or its customer's
shipment of the Software to you that (i) the disk(s) on which the Software is recorded will be free from
defects in materials and workmanship under normal use and (ii) the Software, under normal use, will
perform substantially in accordance with Motorola's published specifications for that release level of the
Software. The written materials are provided "AS IS" and without warranty of any kind. Motorola's
entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will
be, at Motorola's option, replacement of the disk(s), provision of downloadable patch or replacement
code, or refund of the unused portion of your bargained for contractual benefit up to the amount paid for
this Software License.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MOTOROLA, AND
MOTOROLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER
EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
MOTOROLA DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE
CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY MOTOROLA OR AN
Issue 1.1 April 2006
Page 169
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