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U.S. Government Users. If you are a U.S. Government user, then the Software is provided with
"RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.
Disputes. You and Motorola hereby agree that any dispute, controversy or claim, except for any
dispute, controversy or claim involving intellectual property, prior to initiation of any formal legal
process, will be submitted for non-binding mediation, prior to initiation of any formal legal process.
Cost of mediation will be shared equally. Nothing in this Section will prevent either party from
resorting to judicial proceedings, if (i) good faith efforts to resolve the dispute under these
procedures have been unsuccessful, (ii) the dispute, claim or controversy involves intellectual
property, or (iii) interim relief from a court is necessary to prevent serious and irreparable injury to
that party or to others.
General. Illinois law governs this license. The terms of this license are supplemental to any written
agreement executed by both parties regarding this subject and the Software Motorola is to license
you under it, and supersedes all previous oral or written communications between us regarding the
subject except for such executed agreement. It may not be modified or waived except in writing
and signed by an officer or other authorized representative of each party. If any provision is held
invalid, all other provisions shall remain valid, unless such invalidity would frustrate the purpose of
our agreement. The failure of either party to enforce any rights granted hereunder or to take action
against the other party in the event of any breach hereunder shall not be deemed a waiver by that
party as to subsequent enforcement of rights or subsequent action in the event of future breaches.
Hardware Warranty in U.S.
Motorola U.S. offers a warranty covering a period of 90 days from the date of purchase by the
customer. If a product is found defective during the warranty period, Motorola will repair or replace
the product with the same or a similar model, which may be a reconditioned unit, without charge for
parts or labor.
IN NO EVENT SHALL MOTOROLA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY
DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
OTHER DAMAGE ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
PECUNIARY LOSS, OR FROM ANY BREACH OF WARRANTY, EVEN IF MOTOROLA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation
may not apply to you.) IN NO CASE SHALL MOTOROLA'S LIABILITY EXCEED THE AMOUNT
YOU PAID FOR THE PRODUCT.
Trademarks, Product Names, and Service Names
MOTOROLA, the stylized M Logo and all other trademarks indicated as such herein are
trademarks of Motorola, Inc. ® Reg. U.S. Pat & Tm. Office. Canopy is a trademark of Motorola,
Inc. All other product or service names are the property of their respective owners.
Motorola, Inc
Broadband Wireless Technology Center
50 East Commerce Drive
Schaumburg, IL 60173
USA
http://www.motorola.com/canopy
SM User Manual Issue 2
Page 6 of 34
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