User guide
45 Mbps Backhaul User Guide
Issue 3, December 2004 Page 12 of 113
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