Canopy 900 MHz AP and SM User Guide
Issue 1, Draft 1 June, 2004 Page 3 of 16
NOT USE THE SOFTWARE OR RELATED PRODUCT; INSTEAD, RETURN THE SOFTWARE TO PLACE OF PURCHASE
FOR A FULL REFUND. THE FOLLOWING AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN
INDIVIDUAL OR ENTITY), AND MOTOROLA, INC. (FOR ITSELF AND ITS LICENSORS). THE RIGHT TO USE THIS
PRODUCT IS LICENSED ONLY ON THE CONDITION THAT YOU AGREE TO THE FOLLOWING TERMS.
Now, therefore, in consideration of the promises and mutual obligations contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby mutually acknowledged, you and Motorola agree as follows:
Grant of License. Subject to the following terms and conditions, Motorola, Inc., grants to you a personal, revocable, non-assignable,
non-transferable, non-exclusive and limited license to use on a single piece of equipment only one copy of the software contained on
this disk (which may have been pre-loaded on the equipment)(Software). You may make two copies of the Software, but only for
backup, archival, or disaster recovery purposes. On any copy you 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 SOFTWARE WILL BE CORRECTED. NO ORAL OR
WRITTEN REPRESENTATIONS MADE BY 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 or a Motorola representative has been
advised of the possibility of such damage. Motorola's liability to you for direct damages for any cause whatsoever, regardless of the
basis of the form of the action, will be limited to the price paid for the Software that caused the damages. THIS LIMITATION WILL
NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW
REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
Maintenance and Support. Motorola shall not be responsible for maintenance or support of the software. By accepting the license
granted under this agreement, you agree that Motorola will be under no obligation to provide any support, maintenance or service in
connection with the Software or any application developed by you. Any maintenance and support of the Related Product will be
provided under the terms of the agreement for the Related Product.
Transfer. In the case of software designed to operate on Motorola equipment, you may not transfer the Software to another party
except: (1) if you are an end-user, when you are transferring the Software together with the Motorola equipment on which it operates;
or 2) if you are a Motorola licensed distributor, when you are transferring the Software either together with such Motorola equipment
or are transferring the Software as a licensed duly paid for upgrade, update, patch, new release, enhancement or replacement of a prior
version of the Software. If you are a Motorola licensed distributor, when you are transferring the Software as permitted herein, you
agree to transfer the Software with a license agreement having terms and conditions no less restrictive than those contained herein.