Motorola AP6562 Installation Manual page 53

Installation Guide 53
4. TRANSFERS
4.1 End-User Customer will not transfer the Software or Documentation to any third party without Motorola
Solutions' prior written consent. Motorola Solutions' consent may be withheld at its discretion and may be
conditioned upon transferee paying all applicable license fees and agreeing to be bound by this End-User License
Agreement.
5.OWNERSHIP AND TITLE
5.1 Motorola Solutions, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the
Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions,
copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and
Documentation. No rights are granted to End-User Customer under this Agreement by implication, estoppel or
otherwise, except for those rights which are expressly granted to End-User Customer in this End-User License
Agreement. All intellectual property developed, originated, or prepared by Motorola Solutions in connection with
providing the Software, Products, Documentation or related services remains vested exclusively in Motorola
Solutions, and End-User Customer will not have any shared development or other intellectual property rights.
6.CONFIDENTIALITY
6.1 End-User Customer acknowledges that the Software contains valuable proprietary information and trade
secrets and that unauthorized dissemination, distribution, modification, reverse engineering, disassembly or other
improper the Software will result in irreparable harm to Motorola Solutions for which monetary damages would
be inadequate. Accordingly, End-User Customer will limit access to the Software to those of its employees and
agents who need to use the Software for End-User Customer's internal business.
7. MAINTENANCE AND SUPPORT
7.1 No maintenance or support is provided under this End-User License Agreement. Maintenance or support, if
available, will be provided under a separate Motorola Solutions Software maintenance and support agreement.
8. LIMITED WARRANTY AND LIMITATION OF LIABILITY
8.1 Unless otherwise specified in the applicable warranty statement, the Documentation or in any other media at
the time of shipment of the Software by Motorola Solutions, and for the warranty period specified therein, for the
first 120 days after initial shipment of the Software to the End-User Customer, Motorola Solutions warrants that
the Software, when installed and/or used properly, will be free from reproducible defects that materially vary
from its published specifications. Motorola Solutions does not warrant that End-User Customer's the Software or
the Products will be uninterrupted or error-free or that the Software or the Products will meet End-User
Customer's particular requirements.
8.2 MOTOROLA SOLUTIONS' TOTAL LIABILITY, AND END-USER CUSTOMER'S SOLE REMEDY, FOR ANY BREACH
OF THIS WARRANTY WILL BE LIMITED TO, AT MOTOROLA SOLUTIONS' OPTION, REPAIR OR REPLACEMENT OF
THE SOFTWARE OR PAYMENT OF END-USER CUSTOMER'S ACTUAL DAMAGES UP TO THE AMOUNT PAID TO
MOTOROLA SOLUTIONS FOR THE SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE SOFTWARE IS
EMBEDDED OR FOR WHICH IT WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE FIRST END-USER
CUSTOMER; SUBSEQUENT TRANSFEREES MUST ACCEPT THE SOFTWARE "AS IS" AND WITH NO WARRANTIES