ATTENTION: Carefully Read This Important Document
THE FOLLOWING AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER
AN INDIVIDUAL OR ENTITY), AND MOTOROLA, INC. (FOR ITSELF AND ITS
LICENSORS). THE RIGHT TO USE THIS PRODUCT IS SOLD ONLY ON THE CONDITION
THAT YOU AGREE TO THE FOLLOWING LICENSE. USING THIS PRODUCT
CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT.
The enclosed computer program(s) ("Software") is licensed, not sold, to you by Motorola, Inc.
("Motorola") for use only under the terms of this License, and Motorola reserves any rights not
expressly granted to you. You own the disk(s) on which the Software is recorded or fixed, but
Motorola and its licensors retain ownership of the Software itself and its accompanying written
materials, which are protected by the copyright laws of your country and international treaty
provisions.
1.
License. This License allows you to use one copy of the Software on a single computer at
a time. To "use" the Software means that the Software is either loaded in the temporary memory
(e.g., RAM) of a computer or installed on the permanent memory of a computer (e.g., hard disk).
Licensee hereby acknowledges that the licenses granted under this Agreement may be suspended in
some cases if Licensee, Licensee's Customers or End Users assert an Essential patent for an ITU or
prior CCITT analog modem standard against Motorola or a third party.
2.
Restrictions. The Software contains trade secrets in a human or machine perceivable form
and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR
OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN OR MACHINE PERCEIVABLE
FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR
CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART
THEREOF.
3.
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 Sections 5, 6, and 7 will survive any termination.
4.
Export Law Assurances. You agree that neither the Software nor any direct product
thereof is being or will be shipped, transferred or re-exported, directly or indirectly, into any
country prohibited by the United States Export Administration Act and the regulations thereunder
or will be used for any purpose prohibited by the Act.
5.
Warranty. The Software and 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) or refund the
amount paid for this Software License.
NO OTHER WARRANTY IS 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
