Motorola WS5100 Series, Installation Manual

Page: 37 / 42

End-User License Agreement 8-3
part of any Support Services shall be considered part of the Software and subject to
the terms and conditions of this EULA. With respect to technical information you
provide to Licensor as part of any Support Services, Licensor may use such information
for its business purposes, including for product support and development. Licensor will
not utilize such technical information in a form that personally identifies Licensee.
5. TERMINATION. Either party may terminate this Agreement at any time, with or without
cause, upon written notice. Any termination of this Agreement shall also terminate the
licenses granted hereunder. Upon termination of this Agreement for any reason,
Licensee shall return all copies of the Software to Licensor, or destroy and remove from
all computers, hard drives, networks, and other storage media all copies of the
Software, and shall so certify to Licensor that such actions have occurred. Sections 2-
13 shall survive termination of this Agreement.
6. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law,
Licensor and its suppliers provide the Software and any (if any) Support Services AS IS
AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either
express, implied or statutory, including, but not limited to, any (if any) implied
warranties or conditions of merchantability, of fitness for a particular purpose, of lack
of viruses, of accuracy or completeness of responses, of results, and of lack of
negligence or lack of workmanlike effort, all with regard to the Software, and the
provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO
THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE
OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS
WITH LICENSEE.
7. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY GENERAL, SPECIAL, INCIDENTAL,
DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS
OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF
REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER
LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE
SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY
PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT