Motorola ML910 - Manual (Page 5)

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Section 4 CONFIDENTIALITY
You acknowledge that all Software contains valuable proprietary information and trade
secrets and that unauthorized or improper use of Software 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. Accordingly, You will limit access to Software to
employees and agents who need to use the Software for Your internal business purposes,
and You will take appropriate action with those employees and agents to preserve the
confidentiality of Software, 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. Notwithstanding anything to the contrary herein, You shall 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 You; (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.
Section 5 RIGHT TO USE MOTOROLA’S NAME
You shall 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.
Section 6 PAYMENT
The rights granted hereunder are contingent upon payment for the product in which the
Software is embedded.
Section 7 TERM AND TERMINATION
Your right to use Software will begin when you begin using the product with the embedded
Software, which constitutes acceptance of the terms and conditions herein, and will continue
in perpetuity unless terminated as set forth herein. Your right to use Software will terminate
immediately without notice upon a breach of this Agreement by You. Otherwise, this
Agreement may be terminated by either party upon thirty (30) days prior written notice. Within
thirty (30) days after termination of this Agreement, You will certify to Motorola in writing that
through your best efforts, and to the best of your knowledge, the original and all copies, in
whole or in part, in any form, of the Software and all related material and documentation, have
been destroyed.
Section 8 MAINTENANCE
Motorola shall not be responsible for maintenance or field service of the Software under this
Agreement.
Section 9 NO WARRANTY
MOTOROLA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR-FREE. MOTOROLA DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.