Canopy
T1/E1
Multiplexer
June
2004
T1/E1
Multiplexer
Release
3.1
59 of 69
must reproduce and include the copyright and other proprietary rights notice contained on the copy
we have furnished you of the Software.
Ownership.
Motorola (or its supplier) retains all title, ownership and intellectual property rights to
the Software and any copies, including translations, compilations, derivative works (including
images) partial copies and portions of updated works. The Software is Motorola’s (or its supplier's)
confidential proprietary information. This Software License Agreement does not convey to you any
interest in or to the Software, but only a limited right of use. You agree not to disclose it or make it
available to anyone without Motorola’s written authorization. You will exercise no less than
reasonable care to protect the Software from unauthorized disclosure. You agree not to
disassemble, decompile or reverse engineer, or create derivative works of the Software, except
and only to the extent that such activity is expressly permitted by applicable law.
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 the sections entitled Limited Warranty, Limitation of Remedies and
Damages, and General will survive any termination.
Limited Warranty.
Motorola warrants for a period of ninety (90) days from Motorola’s or its
customer’s shipment of the Software to you that (i) the disk(s) on which the Software is recorded
will be free from defects in materials and workmanship under normal use and (ii) the Software,
under normal use, will perform substantially in accordance with Motorola’s published specifications
for that release level of the Software. The 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), provision
of downloadable patch or replacement code, or refund of the unused portion of your bargained for
contractual benefit up to the amount paid for this Software License.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY 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
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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.
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