Motorola ES400 Regulatory Manual page 13

OTHER USES SPECIFICALLY AND SEPARATELY LICENSED BY
MPEG LA, L.L.C.
If you have questions about the MPEG-4 visual standard, please
contact MPEG LA, L.L.C., 250 Steele Street, Suite 300, Denver, CO
80206; www.mpegla.com.
6. DIGITAL CERTIFICATES. The software uses digital certificates in
X.509 format. These digital certificates are used for authentication.
7. CONNECTIVITY SOFTWARE. Your device package may include
Windows Mobile Device Center or Microsoft ActiveSync software. If it
is included, then you may install and use it in accordance with the
license terms that are provided with it. If no license terms are
provided, then you may install and use only one (1) copy of the
software on a single computer.
8. NETWORK ACCESS. If you are using a network, such as an
employer network, the network administrator may limit features or
functionality on your device.
9. PRODUCT SUPPORT. Contact Company for support options.
Refer to the support number provided with the device.
10. LINKS TO THIRD PARTY WEBSITES. If the software provides
links to third party websites, those links are provided to you only as a
convenience, and the inclusion of any link does not imply an
endorsement of the third party website by Microsoft.
11. BACKUP COPY. You may make one backup copy of the
software. You may use it only to reinstall the software on the device.
12. PROOF OF LICENSE. If you acquired the software on the
device, or on a disc or other media, a genuine Certificate of
Authenticity label with a genuine copy of the software identifies
licensed software. To be valid, this label must be affixed to the
device, or included on or in Company's software packaging. If you
receive the label separately, it is not valid. You should keep the label
on the device or packaging to prove that you are licensed to use the
software. To identify genuine Microsoft software, see
http://www.howtotell.com.
13. TRANSFER TO A THIRD PARTY. You may transfer the software
only with the device, the Certificate of Authenticity label, and these
license terms directly to a third party. Before the transfer, that party
must agree that these license terms apply to the transfer and use of
the software. You may not retain any copies of the software including
the backup copy.
14. NOT FAULT TOLERANT. The software is not fault tolerant.
Company installed the software on the device and is responsible for
how it operates on the device.
15. RESTRICTED USE. The Microsoft software was designed for
systems that do not require fail-safe performance. You may not use
the Microsoft software in any device or system in which a malfunction
of the software would result in foreseeable risk of injury or death to
any person. This includes operation of nuclear facilities, aircraft
navigation or communication systems and air traffic control.
16. NO WARRANTIES FOR THE SOFTWARE. The software is
provided "as is". You bear all risks of using it. Microsoft gives no
express warranties, guarantees or conditions. Any warranties you
receive regarding the device or the software do not originate from,
and are not binding on, Microsoft or its affiliates. When allowed by
your local laws, Company and Microsoft exclude implied warranties
of merchantability, fitness for a particular purpose and
non-infringement.
17. LIABILITY LIMITATIONS. You can recover from Microsoft and its
affiliates only direct damages up to fifty U.S. Dollars (U.S. $50.00), or
equivalent in local currency. You cannot recover any other damages,
including consequential, lost profits, special, indirect or incidental
damages.
This limitation applies to:
• anything related to the software, services, content (including
code) on third party internet sites, or third party programs, and
• claims for breach of contract, breach of warranty, guarantee or
condition, strict liability, negligence, or other tort to the extent
permitted by applicable law.
It also applies even if Microsoft should have been aware of the
possibility of the damages. The above limitation may not apply to you