Reference Information Release 8
494 Draft for Regulatory Review Issue 2, December 2006
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