Legal Notices - Motorola PMP 100 Release Notes And User Manual Supplement

Release 10.5 Release Notes and User Guide Supplement
10.4

LEGAL NOTICES

10.4.1 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 AGENT THEREOF SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. MOTOROLA DOES NOT WARRANT
ANY SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS, DAMAGED,
MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT
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