Canopy 400 Series OFDM AP and SM
User Guide
Version 1, April 2008
Page 39 of 40
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. MOTOROLA DOES NOT WARRANT THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE
BY MOTOROLA OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF THIS WARRANTY. MOTOROLA DOES NOT WARRANT ANY
SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS, DAMAGED,
MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Remedies and Damages.
Regardless of whether any remedy set forth herein fails
of its essential purpose, IN NO EVENT SHALL MOTOROLA OR ANY OF THE LICENSORS,
DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR
DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits,
business interruption, loss of business information and the like), whether foreseeable or
unforeseeable, arising out of the use or inability to use the Software or accompanying written
materials, regardless of the basis of the claim and even if Motorola or a Motorola representative
has been advised of the possibility of such damage. Motorola's liability to you for direct damages
for any cause whatsoever, regardless of the basis of the form of the action, will be limited to the
price paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN
CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE
LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Maintenance and Support.
Motorola shall not be responsible for maintenance or support of the
software. By accepting the license granted under this agreement, you agree that Motorola will be
under no obligation to provide any support, maintenance or service in connection with the
Software or any application developed by you. Any maintenance and support of the Related
Product will be provided under the terms of the agreement for the Related Product.
Transfer.
In the case of software designed to operate on Motorola equipment, you may not
transfer the Software to another party except: (1) if you are an end-user, when you are
transferring the Software together with the Motorola equipment on which it operates; or 2) if you
are a Motorola licensed distributor, when you are transferring the Software either together with
such Motorola equipment or are transferring the Software as a licensed duly paid for upgrade,
update, patch, new release, enhancement or replacement of a prior version of the Software. If
you are a Motorola licensed distributor, when you are transferring the Software as permitted
herein, you agree to transfer the Software with a license agreement having terms and conditions
no less restrictive than those contained herein. You may transfer all other Software, not
otherwise having an agreed restriction on transfer, to another party. However, all such transfers
of Software are strictly subject to the conditions precedent that the other party agrees to accept
the terms and conditions of this License, and you destroy any copy of the Software you do not
transfer to that party. You may not sublicense or otherwise transfer, rent or lease the Software
without our written consent. You may not transfer the Software in violation of any laws,
regulations, export controls or economic sanctions imposed by the US Government.
Right to Audit.
Motorola shall have the right to audit annually, upon reasonable advance notice
and during normal business hours, your records and accounts to determine compliance with the
terms of this Agreement.
Export Controls.
You specifically acknowledge that the software may be subject to United
States and other country export control laws. You shall comply strictly with all requirements of all
applicable export control laws and regulations with respect to all such software and materials.
