User's Manual

CSM 320 User Guide
Issue 1, October 2009 DRAFT 4 for REGULATORY REVIEW Page 21
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. You may transfer all other Software, not otherwise having an
agreed restriction on transfer, to another party. However, all such transfers of Software are strictly subject to
the conditions precedent that the other party agrees to accept the terms and conditions of this License, and
you destroy any copy of the Software you do not transfer to that party. You may not sublicense or otherwise