Motorola AP7131 Installation Manual page 53

Installation Guide
BE DISCLAIMED BY LAW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
LIMITATIONS IN THIS PARAGRAPH WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
9. TERM AND TERMINATION
9.1 Any use of the Software, including but not limited to use on the Products, will constitute End-User
Customer's agreement to this End-User License Agreement. End-User Customer's right to use the
Software will continue for the life of the Products with which or for which the Software and
Documentation have been provided by Symbol Technologies, unless End-User Customer breaches this
End-User License Agreement, in which case this End-User License Agreement and End-User Customer's
right to use the Software and Documentation may be terminated immediately by Symbol Technologies. In
addition, if Symbol Technologies reasonably believes that End-User Customer intends to breach this
End-User License Agreement Symbol Technologies may, by notice to End-User Customer, terminate
End-User Customer's right to use the Software.
9.2 Upon termination, Symbol Technologies will be entitled to immediate injunctive relief without proving
damages and, unless End-User Customer is a sovereign government entity, Symbol Technologies will
have the right to repossess all copies of the Software in End-User Customer's possession. Within thirty
(30) days after termination of End-User Customer's right to use the Software, End-User Customer must
certify in writing to Symbol Technologies that all copies of such Software have been returned to Symbol
Technologies or destroyed.
10. UNITED STATES GOVERNMENT LICENSING PROVISIONS
10.1 This Section applies if End-User Customer is the United States Government or a United States
Government agency. End-User Customer's use, duplication or disclosure of the Software and
Documentation under Symbol Technologies' copyrights or trade secret rights is subject to the restrictions
set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause
at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of
Defense. If the Software and Documentation are being provided to the Department of Defense, End-User
Customer's use, duplication, or disclosure of the Software and Documentation is subject to the restricted
rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not
include a Restricted Rights notice, or other notice referring to this End-User License Agreement. The
provisions of this End-User License Agreement will continue to apply, but only to the extent that they are
53