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16.5.1.5 Confidentiality
You acknowledge that all Software and Documentation contain valuable proprietary information
and trade secrets and that unauthorized or improper use of the Software and Documentation
will result in irreparable harm to Motorola for which monetary damages would be inadequate
and for which Motorola will be entitled to immediate injunctive relief. If applicable, you will
limit access to the Software and Documentation to those of your employees and agents who need
to use the Software and Documentation for your internal business purposes, and you will take
appropriate action with those employees and agents to preserve the confidentiality of the Software
and Documentation, using the same degree of care to avoid unauthorized or improper disclosure as
you use for the protection of your own proprietary software, but in no event less than reasonable
care.
1. You have no obligation to preserve the confidentiality of any proprietary information that: (i)
was in the public domain at the time of disclosure; (ii) entered the public domain through
no fault of yours; (iii) was given to you free of any obligation to keep it confidential; (iv)
is independently developed by you; or (v) is disclosed as required by law provided that you
notify Motorola prior to such disclosure and provide Motorola with a reasonable opportunity
to respond.
16.5.1.6 Right to Use Motorola's Name
Except as required in 19.6.1.3 above, you will not, during the term of this Agreement or thereafter,
use any trademark of Motorola, or any word or symbol likely to be confused with any Motorola
trademark, either alone or in any combination with another word or words.
16.5.1.7 Transfer
The Software and Documentation may not be transferred to another party without the express
written consent of Motorola, regardless of whether or not such transfer is accomplished by physical
or electronic means. Motorola's 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 Agreement.
16.5.1.8 Updates
During the first 12 months after purchase of a Product, or during the term of any executed Mainte-
nance and Support Agreement for the Product, you are entitled to receive Updates. An "Update"
means any code in any form which is a bug fix, patch, error correction, or minor enhancement,
but excludes any major feature added to the Software. Updates are available for download at
http://www.motowi4solutions.com/software/
1. Major features may be available from time to time for an additional license fee. If Motorola
makes available to you major features and no other end user license agreement is provided,
then the terms of this Agreement will apply.
16.5.1.9 Maintenance
Except as provided above, Motorola is not responsible for maintenance or field service of the
Software under this Agreement.
Legal and Regulatory Notices
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