Motorola AP 7161 Installation Manual page 57

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AP 7161 Access Point Installation Guide
57
OF ANY KIND. MOTOROLA SOLUTIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE.
8.3 IN NO EVENT WILL MOTOROLA SOLUTIONS BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL
LOSS, LOST PROFITS, OR SAVINGS, TO THE FULL EXTENT SUCH MAY 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 Motorola
Solutions, 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 Motorola Solutions. In addition, if Motorola Solutions reasonably believes that End-User
Customer intends to breach this End-User License Agreement Motorola Solutions may, by notice to End-User
Customer, terminate End-User Customer's right to use the Software.
9.2 Upon termination, Motorola Solutions will be entitled to immediate injunctive relief without proving damages
and, unless End-User Customer is a sovereign government entity, Motorola Solutions 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 Motorola
Solutions that all copies of such Software have been returned to Motorola Solutions 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 Motorola
Solutions' 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 consistent with the rights provided to the End-User Customer under the provisions of the FAR
and DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction.

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