User's Manual

PMP 400/430 and PTP 200 Series Canopy User Guide
Supplement
Issue 4 0 – DRAFT 6 November 2009 Page 64 of 64
Right to Audit. Motorola shall have the right to audit annually, upon reasonable advance notice
and during normal business hours, your records and accounts to determine compliance with the
terms of this Agreement.
Export Controls. You specifically acknowledge that the software may be subject to United
States and other country export control laws. You shall comply strictly with all requirements of all
applicable export control laws and regulations with respect to all such software and materials.
US Government Users. If you are a US Government user, then the Software is provided with
"RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.
Disputes. You and Motorola hereby agree that any dispute, controversy or claim, except for any
dispute, controversy or claim involving intellectual property, prior to initiation of any formal legal
process, will be submitted for non-binding mediation, prior to initiation of any formal legal process.
Cost of mediation will be shared equally. Nothing in this Section will prevent either party from
resorting to judicial proceedings, if (i) good faith efforts to resolve the dispute under these
procedures have been unsuccessful, (ii) the dispute, claim or controversy involves intellectual
property, or (iii) interim relief from a court is necessary to prevent serious and irreparable injury to
that party or to others.
General. Illinois law governs this license. The terms of this license are supplemental to any
written agreement executed by both parties regarding this subject and the Software Motorola is to
license you under it, and supersedes all previous oral or written communications between us
regarding the subject except for such executed agreement. It may not be modified or waived
except in writing and signed by an officer or other authorized representative of each party. If any
provision is held invalid, all other provisions shall remain valid, unless such invalidity would
frustrate the purpose of our agreement. The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the event of any breach hereunder shall not
be deemed a waiver by that party as to subsequent enforcement of rights or subsequent action in
the event of future breaches.
6.4.2 Hardware Warranty in US
Motorola US offers a warranty covering a period of 1 year from the date of purchase by the
customer. If a product is found defective during the warranty period, Motorola will repair or
replace the product with the same or a similar model, which may be a reconditioned unit, without
charge for parts or labor.
6.5 LIMIT OF LIABILITY
IN NO EVENT SHALL MOTOROLA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY
DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
OTHER DAMAGE ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
PECUNIARY LOSS, OR FROM ANY BREACH OF WARRANTY, EVEN IF MOTOROLA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above exclusion or
limitation may not apply to you.) IN NO CASE SHALL MOTOROLA’S LIABILITY EXCEED THE
AMOUNT YOU PAID FOR THE PRODUCT.