Motorola AP 6522M, Installation Manual

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Installation Guide 43
consistent with the rights provided to the End-User Customer under the provisions of the FAR and DFARS
mentioned above, as applicable to the particular procuring agency and procurement transaction.
11. GENERAL
11.1 Copyright Notices. The existence of a copyright notice on the Software will not be construed as an
admission or presumption that public disclosure of the Software or any trade secrets associated with the
Software has occurred.
11.2 Compliance with Laws. End-User Customer acknowledges that the Software is subject to the laws and
regulations of the United States and End-User Customer will comply with all applicable laws and
regulations, including export laws and regulations of the United States. End-User Customer will not,
without the prior authorization of Symbol Technologies 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 of 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 is a
material breach of this Agreement.
11.3 Third Party Beneficiaries. This End-User License Agreement is entered into solely for the benefit of
Symbol Technologies and End-User Customer. No third party has the right to make any claim or assert
any right under this Agreement, and no third party is deemed a beneficiary of this End-User License
Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in
the Software will be a direct and intended third party beneficiary of this End-User License Agreement.
11.4 Waiver. No waiver of a right or remedy of a Party will constitute a waiver of another right or remedy of
that Party.
11.5 Assignments. Symbol Technologies may assign any of its rights or sub-contract any of its obligations
under this End-User License Agreement or encumber or sell any of its rights in any Software, without
prior notice to or consent of End-User Customer.
11.6 Causes of Action. End-User Customer must bring any action under this End-User License Agreement
within one year after the cause of action arises except that warranty claims must be brought within the
applicable warranty period.
11.7 Entire Agreement and Amendment. This End-User License Agreement contains the parties’ entire
agreement regarding End-User Customer’s use of the Software and may be amended only in a writing
signed by both parties, except that Symbol Technologies may modify this End-User License Agreement as
necessary to comply with applicable laws and regulations.