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Motorola PTP 400 Series User Manual

Page 183

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181

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.