Motorola 2.1 - Manual (Page 83)

Chapter 5: Customer Information
make of the Software, you must reproduce and include the copyright and other proprietary
rights notice contained on the copy we have furnished you of the Software.
Ownership. Motorola (or its supplier) retains all title, ownership and intellectual property
rights to the Software and any copies, including translations, compilations, derivative works
(including images) partial copies and portions of updated works. The Software is Motorola’s
(or its supplier's) confidential proprietary information. This Software License Agreement does
not convey to you any interest in or to the Software, but only a limited right of use. You agree
not to disclose it or make it available to anyone without Motorola’s written authorization. You
will exercise no less than reasonable care to protect the Software from unauthorized
disclosure. You agree not to disassemble, decompile or reverse engineer, or create
derivative works of the Software, except and only to the extent that such activity is expressly
permitted by applicable law.
Termination. This License is effective until terminated. This License will terminate
immediately without notice from Motorola or judicial resolution if you fail to comply with any
provision of this License. Upon such termination you must destroy the Software, all
accompanying written materials and all copies thereof, and the sections entitled Limited
Warranty, Limitation of Remedies and Damages, and General will survive any termination.
Limited Warranty. Motorola warrants for a period of ninety (90) days from Motorola’s or its
customer’s shipment of the Software to you that (i) the disk(s) on which the Software is
recorded will be free from defects in materials and workmanship under normal use and (ii) the
Software, under normal use, will perform substantially in accordance with Motorola’s
published specifications for that release level of the Software. The written materials are
provided "AS IS" and without warranty of any kind. Motorola's entire liability and your sole
and exclusive remedy for any breach of the foregoing limited warranty will be, at Motorola's
option, replacement of the disk(s), provision of downloadable patch or replacement code, or
refund of the unused portion of your bargained for contractual benefit up to the amount paid
for this Software License.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MOTOROLA, AND
MOTOROLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES,
EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT. MOTOROLA DOES NOT WARRANT THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN THE MOTOROLA OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. MOTOROLA DOES NOT
WARRANT ANY SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF
SPECIFICATIONS, DAMAGED, MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein
fails of its essential purpose, IN NO EVENT SHALL MOTOROLA OR ANY OF THE
LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE
FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
SPECIAL OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages
for loss of business profits, business interruption, loss of business information and the like),
whether foreseeable or unforeseeable, arising out of the use or inability to use the Software
or accompanying written materials, regardless of the basis of the claim and even if Motorola
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