User's Manual

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OR ERROR FREE, OR THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED. MOTOROLA SOLUTIONS MAKES NO
WARRANTY WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE PRODUCTS. Some jurisdictions
do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF MOTORO
LA SOLUTIONS UNDER THIS AGREEMENT FOR DAMAGES
SHALL NOT EXCEED THE FAIR MARKET VALUE OF THE PRODUCTS LICENSED UNDER THIS AGREEMENT. IN NO EVENT
WILL MOTOROLA SOLUTIONS BE LIABLE IN ANY WAY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR
PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST BUSINESS PROFITS, OR LIABILITY OR
INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT, REGARDLESS OF WHETHER MOTOROLA SOLUTIONS HAS
BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. Some jurisdictions do not permit limitations of liability for
incidental or consequential damages, so the above exclusions may not apply to you. This Limitation of Liability provision
survives the termination of this Agreement and applies notwithstanding any contrary provision in this Agreement. Licensee
must bring any action under this Agreement within one (1) year after the cause of action arises.
7. MAINTENANCE. Unless provided for in a separate agreement, Motorola So
lutions shall not be responsible for maintenance
or field service of the Products.
8. HIGH RISK ACTIVITIES. The Products are
not fault-tolerant and are not designed, manufactured or intended for use or resale
as on-line control software in hazardous environments requiring fail-safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Products could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Motorola Solutions and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities, and if you elect to use the Products in any High Risk Activities, you agree
to indemnify, defend, and hold Motorola Solutions harmless from and against any and all costs, damages, and losses
related to that use.
9. U.S. GOVERNMENT. If you are acquiring the Products on behalf o
f any unit or agency of the U.S. Government, the following
shall apply. Use, duplication, or disclosure of the Products is subject to the restrictions set forth in subparagraphs (c) (1) and
(2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless
being provided to the Department of Defense. If being provided to the Department of Defense, use, duplication, or
disclosure of the Products is subject to the restricted rights set forth in subparagraph (c) (1) (ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable. Products may or may not include a
Restricted Rights notice, or other notice referring specifically to the terms and conditions of this Agreement. The terms and
conditions of this Agreement shall each continue to apply, but only to the extent that such terms and conditions are not
inconsistent with the rights provided to you under the aforementioned provisions of the FAR and DFARS, as applicable to
the particular procuring agency and procurement transaction.
10. GOVERNING LAW. This Agreement shall be governed by the laws of the United States of America to the extent that they
app
ly and otherwise by the laws of the State of New York without regard to its conflict of laws provisions.
11. COMPLIANCE WITH LAWS. Licensee will comply with all ap
plicable laws and regulations, including export laws and
regulations of the United States. Licensee will not, without the prior authorization of Motorola Solutions and the
appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or
divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished
to any person within any territory for which the United States Government or any of its agencies at the time of the action,
requires an export license or other governmental approval. Violation of this provision will be a material breach of this
Agreement, permitting immediate termination by Motorola Solutions.
12. THIRD PARTY SOFTWARE. The Products may contain one or more items of Third-Party Software. The terms of this
Agreem
ent govern your use of any Third-Party Software UNLESS A SEPARATE THIRD-PARTY SOFTWARE LICENSE IS
INCLUDED, IN WHICH CASE YOUR USE OF THE THIRD-PARTY SOFTWARE WILL THEN BE GOVERNED BY THE SEPARATE
THIRD-PARTY LICENSE.
13. OPEN SOURCE SOFTWARE. The Products may contain one or more items of Open Source Software. Open Source Software
is software covered by a publicly available license governed solely under Copyright law, whereas the complete terms and
obligations of such license attach to a licensee solely through the act of copying, using and/or distribution of the licensed
DRAFT 2B - 12 June 2014