Motorola simplefi User Manual

Page 8

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S O F T WARE LICENSE AND LIMITED WA R R A N T Y

SOFTWARE LICENSE AND LIMITED WARRANTY

VII

MOTOROLA SOFTWARE

Home Networking Products

MOTOROLA, INC.

Broadband Communications Sector

Home Networking Division

101 Tournament Drive

Horsham, PA 19044

IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE AND LIMITED WARRANTY (“AGREEMENT”) CAREFULLY
BEFORE YOU USE THE MOTOROLA HOME NETWORKING PRODUCT (“PRODUCT”) AND/OR INSTALL, DOWN-
LOAD OR USE ANY APPLICATION AND/OR USB DRIVER SOFTWARE (“APPLICATION SOFTWARE”) PROVIDED
WITH THE PRODUCT. BY USING THE PRODUCT AND/OR INSTALLING, DOWNLOADING OR USING ANY OF
THE APPLICATION SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF EACH OF THE TERMS OF THIS AGREE-
MENT. UPON ACCEPTANCE, THIS AGREEMENT WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU
AND MOTOROLA FOR THE USE OF THE APPLICATION SOFTWARE AND ANY FIRMWARE PROVIDED WITH THE
PRODUCT (COLLECTIVELY, “SOFTWARE”). THE TERMS OF THIS AGREEMENT APPLY TO YOU AND TO ANY
SUBSEQUENT USER OF THE SOFTWARE.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT (I) DO NOT INSTALL OR USE THE SOFT-
WARE AND (II) RETURN THE PRODUCT, SOFTWARE, INCLUDING ALL ASSOCIATED MEDIA, COMPONENTS,
DOCUMENTATION AND ANY OTHER MATERIALS PROVIDED WITH THE PRODUCT, TO YOUR POINT OF PUR-
CHASE FOR A FULL REFUND.

The Software includes associated media, any printed materials, and any “on-line” or electronic documentation.
Software provided by third parties may be subject to separate end-user license agreements from the manufacturers
of such Software.

The Software is never sold. Motorola licenses the Software to the original customer and to any subsequent licensee
for personal use only on the terms of this License. Motorola and its 3rd party licensors retain the ownership of the
Software.

SOFTWARE LICENSE (“License”)

You may:
USE the Software only in connection with the operation of the Product.
TRANSFER the Software (including all component parts and printed materials) permanently to another person, but
only if the person agrees to accept all of the terms of this License. If you transfer the Software, you must at the
same time transfer the Product and all copies of the Software (if applicable) to the same person or destroy any
copies not transferred.
TERMINATE this License by destroying the original and all copies of the Software (if applicable) in whatever form.

You may not:
(1) Loan, distribute, rent, lease, give, sublicense or otherwise transfer the Software, in whole or in part, to any other
person, except as permitted under the TRANSFER paragraph above. (2) Copy or translate the User Guide included
with the Software, other than for personal use. (3) Copy, alter, translate, decompile, disassemble or reverse engi-
neer the Software, including but not limited to, modifying the Software to make it operate on non-compatible
hardware. (4) Remove, alter or cause not to be displayed, any copyright notices or startup message contained in
the Software programs or documentation. (5) Export the Software or the Product (or any of the Product’s compo-
nents) in violation of any United States export laws.

The Software and Product are not designed or intended for use in on-line control of aircraft, air traffic, aircraft navi-
gation or aircraft communications; or in design, construction, operation or maintenance of any nuclear facility.
MOTOROLA AND ITS 3RD PARTY LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS
FOR SUCH USES. YOU REPRESENT AND WARRANT THAT YOU SHALL NOT USE THE SOFTWARE AND PROD-
UCT FOR SUCH PURPOSES.

Title to the Software, including the ownership of all copyrights, mask work rights, patents, trademarks and all other
intellectual property rights subsisting in the foregoing, and all adaptations to and modifications of the foregoing
shall at all times remain with Motorola and its 3rd party licensors. Motorola retains all rights not expressly licensed
under this License. The Software, including any images, graphics, photographs, animation, video, audio, music and
text incorporated therein is owned by Motorola or its 3rd party licensors and is protected by United States copy-
right laws and international treaty provisions. Except as otherwise expressly provided in this License, the copying,
reproduction, distribution or preparation of derivative works of the Software, any portion of the Product or the doc-
umentation is strictly prohibited by such laws and treaty provisions. Nothing in this License constitutes a waiver of
Motorola’s rights under United States copyright law.

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