Software License, Warranty, Safety, and Regulatory Information — SBV5322 SURFboard
®
Digital Voice Modem
SOFTWARE LICENSE
SBV5322 SURFboard Digital Cable Modems
Motorola, Inc.
Connected Home Solutions Business (“Motorola”)
101 Tournament Drive, Horsham, PA 19044
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE (“LICENSE”) CAREFULLY BEFORE YOU INSTALL, DOWNLOAD, OR USE ANY APPLICATION
SOFTWARE, USB DRIVER SOFTWARE, FIRMWARE, AND RELATED DOCUMENTATION (“SOFTWARE”) PROVIDED WITH MOTOROLA’S CABLE DATA
PRODUCT (THE “CABLE DATA PRODUCT”). BY USING THE CABLE DATA PRODUCT AND/OR INSTALLING, DOWNLOADING, OR USING ANY OF THE
SOFTWARE, YOU INDICATE YOUR ACCEPTANCE OF EACH OF THE TERMS OF THIS LICENSE. UPON ACCEPTANCE, THIS LICENSE WILL BE A LEGALLY
BINDING AGREEMENT BETWEEN YOU AND MOTOROLA. THE TERMS OF THIS LICENSE APPLY TO YOU AND TO ANY SUBSEQUENT USER OF THIS
SOFTWARE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE (I) DO NOT INSTALL OR USE THE SOFTWARE AND (II) RETURN THE CABLE DATA
PRODUCT AND THE SOFTWARE (COLLECTIVELY, “PRODUCT”), INCLUDING ALL COMPONENTS, DOCUMENTATION, AND ANY OTHER MATERIALS
PROVIDED WITH THE PRODUCT, TO YOUR POINT OF PURCHASE OR SERVICE PROVIDER, AS THE CASE MAY BE, FOR A FULL REFUND. BY INSTALLING
OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS LICENSE AGREEMENT.
The Software includes associated media, any printed materials, and any “on-line” or electronic documentation, as well as any updates, revisions, bug fixes, or drivers obtained by
you from Motorola or your service provider. Software provided by 3rd parties may be subject to separate end-user license agreements from the manufacturers of such Software.
The Software is never sold. Motorola licenses the Software to the original customer and to any subsequent licensee for personal use only on the terms of this License. Motorola
and its 3rd party licensors retain the ownership of the Software.
You may:
USE the Software only in connection with the operation of the Product.
TRANSFER the Software (including all component parts and printed materials) permanently to another person, but only if the person agrees to accept all of the terms of this
License. If you transfer the Software, you must at the same time transfer the Product and all copies of the Software (if applicable) to the same person or destroy any copies not
transferred.
TERMINATE this License by destroying the original and all copies of the Software (if applicable) in whatever form.
You may not:
(1) Loan, distribute, rent, lease, give, sublicense, or otherwise transfer the Software, in whole or in part, to any other person, except as permitted under the TRANSFER paragraph
above. (2) Copy or translate the User Guide included with the Software, other than for personal use. (3) Copy, alter, translate, decompile, disassemble, or reverse engineer the
Software, including, but not limited to, modifying the Software to make it operate on non-compatible hardware. (4) Remove, alter, or cause not to be displayed any copyright
notices or startup message contained in the Software programs or documentation. (5) Export the Software or the Product components in violation of any United States export
laws.
The Product is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation, or aircraft communications; or in design, construction, operation, or
maintenance of any nuclear facility. MOTOROLA AND ITS 3
rd
PARTY LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
USES. YOU REPRESENT AND WARRANT THAT YOU SHALL NOT USE THE PRODUCT FOR SUCH PURPOSES.
Title to this Software, including the ownership of all copyrights, mask work rights, patents, trademarks, and all other intellectual property rights subsisting in the foregoing, and
all adaptations to and modifications of the foregoing, shall at all times remain with Motorola and its 3
rd
party licensors. Motorola retains all rights not expressly licensed under this
License. The Software, including any images, graphics, photographs, animation, video, audio, music, and text incorporated therein, is owned by Motorola or its 3
rd
party licensors
and is protected by United States copyright laws and international treaty provisions. Except as otherwise expressly provided in this License, the copying, reproduction,
distribution or preparation of derivative works of the Software, any portion of the Product or the documentation is strictly prohibited by such laws and treaty provisions. Nothing
in this License constitutes a waiver of Motorola’s rights under United States copyright law.
This License and your rights regarding any matter it addresses are governed by the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles.
THIS LICENSE SHALL TERMINATE AUTOMATICALLY if you fail to comply with the terms of this License.
Motorola is not responsible for any 3
rd
party software provided as a bundled application, or otherwise, with the Software.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Product and documentation is provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in
subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. The contractor/ manufacturer is Motorola, Inc., Connected Home Solutions
Business, 101 Tournament Drive, Horsham, PA 19044.
