Motorola 2.1 Networking Setup Manual page 84

Chapter 5: Customer Information
or a Motorola representative has been advised of the possibility of such damage. Motorola's
liability to you for direct damages for any cause whatsoever, regardless of the basis of the
form of the action, will be limited to the price paid for the Software that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE
AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
Maintenance and Support. Motorola shall not be responsible for maintenance or support of
the software. By accepting the license granted under this agreement, you agree that Motorola
will be under no obligation to provide any support, maintenance or service in connection with
the Software or any application developed by you. Any maintenance and support of the
Related Product will be provided under the terms of the agreement for the Related Product.
Transfer. In the case of software designed to operate on Motorola equipment, you may not
transfer the Software to another party except: (1) if you are an end-user, when you are
transferring the Software together with the Motorola equipment on which it operates; or 2) if
you are a Motorola licensed distributor, when you are transferring the Software either
together with such Motorola equipment or are transferring the Software as a licensed duly
paid for upgrade, update, patch, new release, enhancement or replacement of a prior version
of the Software. If you are a Motorola licensed distributor, when you are transferring the
Software as permitted herein, you agree to transfer the Software with a license agreement
having terms and conditions no less restrictive than those contained herein. You may transfer
all other Software, not otherwise having an agreed restriction on transfer, to another party.
However, all such transfers of Software are strictly subject to the conditions precedent that
the other party agrees to accept the terms and conditions of this License, and you destroy
any copy of the Software you do not transfer to that party. You may not sublicense or
otherwise transfer, rent or lease the Software without our written consent. You may not
transfer the Software in violation of any laws, regulations, export controls or economic
sanctions imposed by the US Government.
Right to Audit. Motorola shall have the right to audit annually, upon reasonable advance
notice and during normal business hours, your records and accounts to determine
compliance with the terms of this Agreement.
Export Controls. You specifically acknowledge that the software may be subject to United
States and other country export control laws. You shall comply strictly with all requirements of
all applicable export control laws and regulations with respect to all such software and
materials.
US Government Users. If you are a US Government user, then the Software is provided
with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as
applicable.
Disputes. You and Motorola hereby agree that any dispute, controversy or claim, except for
any dispute, controversy or claim involving intellectual property, prior to initiation of any
formal legal process, will be submitted for non-binding mediation, prior to initiation of any
formal legal process. Cost of mediation will be shared equally. Nothing in this Section will
prevent either party from resorting to judicial proceedings, if (i) good faith efforts to resolve
the dispute under these procedures have been unsuccessful, (ii) the dispute, claim or
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