Microsoft License - Motorola MOTO Q User Manual

1.3. Back-up Copy. If Motorola has not included a back-up
copy of the DEVICE Software with the DEVICE, you may
make a single back-up copy of the DEVICE Software. You
may use the back-up copy solely for archival purposes.
1.4. Microsoft Windows® 2003. If Microsoft Outlook®
2002 is included with your Device, the following terms
apply to your use of Microsoft Outlook® 2002: (i)
regardless of the information contained in "Software
Installation and Use" section of the online EULA you may
install one (1) copy of Microsoft Outlook® 2002 on one (1)
computer to use, exchange data, share data, access and
interact with the DEVICE, and (ii) the EULA for Microsoft
Outlook® 2002 is between Motorola and the end user - not
between the PC manufacturer and end user.
2. Speech/Handwriting Recognition. If the Software
includes speech and or handwriting recognition
component(s), you should understand that speech and
handwriting recognition are inherently statistical
processes; that recognition errors are inherent in the
processes; that it is your responsibility to provide for
handling such errors and to monitor the recognition
processes and correct any errors. Motorola, its affiliates,
subsidiaries, or suppliers shall not be liable for any
damages arising out of errors in the speech and
handwriting recognition processes.
3. Limitations on Reverse Engineering, Decompilation and
Disassembly. You may not reverse engineer, decompile, or
disassemble the SOFTWARE, except and only to the extent
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that such activity is expressly permitted by applicable law
notwithstanding this limitation.
4. Single DEVICE. The Device Software is licensed with the
DEVICE as a single integrated product. The DEVICE
Software may only be used as part of the DEVICE,
notwithstanding any installation of the DEVICE Software on
removable media.
5. Single EULA. The package for the DEVICE may contain
multiple versions of this EULA, such as multiple
translations and/or multiple media versions (e.g., in the
user documentation and in the software). Even if you
receive multiple versions of the EULA, you are licensed to
use only one (1) copy of the DEVICE Software.
6. Rental. You may not rent or lease the SOFTWARE.
7. Software Transfer. You may not permanently transfer
any of your rights under this EULA with regard to the
DEVICE Software or Desktop Software, except as
permitted by the applicable Mobile Operator. In the event
that the Mobile Operator permits such transfer, you may
permanently transfer all of your rights under this EULA
only as part of a sale or transfer of the DEVICE, provided
you retain no copies, you transfer all of the SOFTWARE
(including all component parts, the media and printed
materials, any upgrades or backup copies, this EULA and,
if applicable, the Certificate(s) of Authenticity), and the
recipient agrees to the terms of this EULA. If the Software
is an upgrade, any transfer must include all prior versions
of the SOFTWARE.
Microsoft End User License Agreement
You have acquired a device ("DEVICE") that includes
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software licensed by Motorola, Inc. ("Motorola") from one
or more third-party licensors ("Licensor"), for use in
connection with wireless network services provided under
separate agreement between you and a wireless
telecommunications provider ("Mobile Operator"). Those
installed software products provided by Licensor, as well
as associated media, printed materials, and "online" or
electronic documentation ("SOFTWARE") are protected by
international intellectual property laws and treaties.
SOFTWARE includes software already installed on the
DEVICE ("DEVICE Software") and Licensor software
contained on any CD-ROM disk accompanying the DEVICE
("Desktop Software").
The SOFTWARE is licensed, not sold. All rights reserved.
IF YOU DO NOT AGREE TO THIS END USER LICENSE
AGREEMENT ("EULA"), DO NOT USE THE DEVICE OR
COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT
MOTOROLA FOR INSTRUCTIONS ON RETURN OF THE
UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON
THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO
THIS EULA (OR RATIFICATION OF ANY PREVIOUS
CONSENT).
8. Termination. Without prejudice to any other rights,
Motorola, Licensor and their affiliates and subsidiaries may
terminate this EULA if you fail to comply with the terms
and conditions of this EULA. In such event, you must
destroy all copies of the SOFTWARE and all of its
component parts.
9. Security Updates. The SOFTWARE may include digital
rights management technology. If SOFTWARE does
contain digital rights management technology, content
providers are using the digital rights management
technology ("Licensor DRM") contained in the SOFTWARE
to protect the integrity of their content ("Secure Content")
so that their intellectual property, including copyright, in
such content is not misappropriated. Owners of such
Secure Content ("Secure Content Owners") may, from time
to time, request Licensor, or its subsidiaries or affiliates to
provide security related updates to the Licensor DRM
components of the SOFTWARE ("Security Updates") that
may affect your ability to copy, display and/or play Secure
Content through Licensor software or third party
applications that utilize Licesnor DRM. You therefore agree
that, if you elect to download a license from the Internet
which enables your use of Secure Content, Licensor, its
subsidiaries or affiliates may, in conjunction with such
license, also download onto your DEVICE such Security
Updates that a Secure Content Owner has requested that
Licensor, its subsidiaries or affiliates, to distribute.
Licensor, its subsidiaries or affiliates will not retrieve any
personally identifiable information, or any other
1. GRANT OF SOFTWARE LICENSE. This EULA grants you
the following license:
1.1. DEVICE Software. You may use the DEVICE Software
as installed on the DEVICE (including as installed on
removable media installed in the DEVICE). All or certain
portions of the DEVICE Software may be inoperable if a
proper account is not established or maintained with an
appropriate Mobile Operator, or if the Mobile Operator's
network facilities are not operating or configured to
operate with the DEVICE software.
1.2. Desktop Software. If Desktop Software is included with
your DEVICE, you may install and use the Desktop
Software on one (1) or more computers to exchange
information with one (1) or more computing devices that
contain a compatible version of the DEVICE Software. For
other software component(s) contained in the Desktop
Software, you may install and use such components only
in accordance with the terms of the printed or online end
user license agreement(s) provided with such
component(s). In the absence of an end user license
agreement for particular component(s) of the Desktop
Software, you may install and use only one (1) copy of
such component(s) on the DEVICE or a single computer
with which you use the DEVICE.
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information, from your DEVICE by downloading such
Security Updates.
10. Consent to Use of Data. You agree that Licensor, its
subsidiaries and affiliates may collect and use technical
information gathered in any manner as part of product
support services related to the SOFTWARE.. Licensor, its
subsidiaries and affiliates may use this information solely
to improve their products or to provide customized
services or technologies to you. Licensor, its affiliates and
subsidiaries may disclose this information to others, but
not in a form that personally identifies you.
11. Internet Gaming/Update Features. If the SOFTWARE
provides, and you choose to utilize, the Internet gaming or
update features within the SOFTWARE, it is necessary to
use certain computer system, hardware, and software
information to implement the features. By using these
features, you explicitly authorize Licensor, its subsidiaries
and affiliates, and/or their designated agent to use this
information solely to improve their products or to provide
customized services or technologies to you. Licensor, its
subsidiaries and affiliates may disclose this information to
others, but not in a form that personally identifies you.
12. Internet-Based Services Components. The SOFTWARE
may contain components that enable and facilitate the use
of certain Internet-based services. You acknowledge and
agree that Licensor, its affiliates and subsidiaries may
automatically check the version of the SOFTWARE and/or
its components that you are utilizing and my provide
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