Motorola RFS Series Reference Manual page 34

xxxii Motorola RF Switch CLI Reference Guide
9. INDEMNITY. Licensee agrees that Licensor shall have no liability whatsoever for any use
Licensee makes of the Software. Licensee shall indemnify and hold harmless Licensor from
any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising
from Licensee's use of the Software as well as from Licensee's failure to comply with any
term of this Agreement.
10. FAULT TOLERANCE. The Software is not fault-tolerant and is not designed, manufactured or
intended for use or resale in on-line control equipment in hazardous environments requiring
fail-safe performance, such as, but not limited to, the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, life support machines, or weapons
systems, in which the failure of the Software could lead directly or indirectly to death,
personal injury, or physical or environmental damage ("High Risk Activities"). Licensor and
its suppliers specifically disclaim any express or implied warranty of fitness for High Risk
Activities.
11. U.S. GOVERNMENT LICENSE RIGHTS. Software provided to the U.S. Government pursuant
to solicitations issued on or after December 1, 1995 is provided with the commercial license
rights and restrictions described elsewhere herein. Software provided to the U.S.
Government pursuant to solicitations issued prior to December 1, 1995 is provided with
"Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR
252.227- 7013 (OCT 1988), as applicable. The "Manufacturer" for purposes of these
regulations is Motorola, Inc., One Symbol Plaza, Holtsville, NY 11742.
12. EXPORT RESTRICTIONS. Licensee shall comply with all export laws and restrictions and
regulations of the Department of Commerce, the United States Department of Treasury
Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or
authority, and Licensee shall not export, or allow the export or re-export of the Software in
violation of any such restrictions, laws or regulations. By downloading or using the
Software, Licensee agrees to the foregoing and represents and warrants that Licensee is not
located in, under the control of, or a national or resident of any restricted country.
13. MISCELLANEOUS. Licensee may not sublicense, assign, or transfer this Agreement, or its
rights or obligations hereunder, without the prior written consent of Licensor. Any attempt
to otherwise sublicense, assign, or transfer any of the rights, duties, or obligations
hereunder is null and void. Licensor may assign this Agreement in its sole discretion. In the
event that any of the provisions of this Agreement shall be held by a court or other tribunal
of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect. No waiver or modification of this Agreement will
be binding upon a party unless made in writing and signed by a duly authorized
representative of such party and no failure or delay in enforcing any right will be deemed a