Nikon MOTORMESH 4300 User Manual

Page 50

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Chapter 4: License Information

July 2007

4-4

6.

RIGHT TO USE MOTOROLA’S NAME. Except as required in Section 3.4 above,

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.

7.

PAYMENT. The rights granted hereunder are contingent upon payment for the

Products. All payments shall be due net thirty (30) days from date of the invoice.

8.

UPGRADES AND UPDATES. If the Products are licensed to you as an upgrade or

update to a product previously licensed to you, you must destroy the Products previously
licensed to you, including any copies, within thirty (30) days of your receipt of the update
or upgrade.

9.

MAINTENANCE. Motorola shall not be responsible for maintenance or field

service of the Software under this Agreement.

10.

LIMITED WARRANTY. All diskettes or CD-ROMS on which the Products are

furnished (“Media”) are warranted to be free from manufacturing and material defects for
ninety (90) days after the shipment date of the Products to you. Media that become
defective during such period shall be repaired or, at Motorola’s option, replaced. This
limited warranty is contingent upon proper use of the Media and does not cover Products
which have been tampered with, modified, or subjected to unusual physical or electrical
stress. Tampering with or removal of any factory seal or label on any Media voids this
warranty and releases Motorola from any and all liability.

11.

DISCLAIMER. EXCEPT FOR THE ABOVE EXPRESS LIMITED

WARRANTIES, MOTOROLA MAKES, AND YOU RECEIVE, NO OTHER
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
IN ANY COMMUNICATION WITH YOU. MOTOROLA SPECIFICALLY DISCLAIMS
ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILTY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. THE PRODUCTS ARE PROVIDED “AS IS.” MOTOROLA DOES NOT
WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE SOFTWARE
WILL BE CORRECTED. MOTOROLA MAKES NO WARRANTY WITH RESPECT
TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE
AND DOCUMENTATION. Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.

12.

REMEDIES. The entire liability of Motorola, and your exclusive remedy under the

warranty provided herein will be, at Motorola’s option, to repair or replace any Media

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