8-42
PMP320HDW2v1
Preliminary
JUL 2010
PMP 320 Hardware Installation
Software License Terms and Conditions
US Government Users
. If you are a US Government user, then the Software is provided
with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.
Disputes
. You and Motorola hereby agree that any dispute, controversy or claim, except for any
dispute, controversy or claim involving intellectual property, prior to initiation of any formal
legal process, will be submitted for non-binding mediation, prior to initiation of any formal legal
process. Cost of mediation will be shared equally. Nothing in this Section will prevent either
party from resorting to judicial proceedings, if (i) good faith efforts to resolve the dispute
under these procedures have been unsuccessful, (ii) the dispute, claim or controversy involves
intellectual property, or (iii) interim relief from a court is necessary to prevent serious and
irreparable injury to that party or to others.
General
. Illinois law governs this license. The terms of this license are supplemental to any
written agreement executed by both parties regarding this subject and the Software Motorola is
to license you under it, and supersedes all previous oral or written communications between us
regarding the subject except for such executed agreement. It may not be modified or waived
except in writing and signed by an officer or other authorized representative of each party. If
any provision is held invalid, all other provisions shall remain valid, unless such invalidity would
frustrate the purpose of our agreement. The failure of either party to enforce any rights granted
hereunder or to take action against the other party in the event of any breach hereunder shall
not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent
action in the event of future breaches.
Содержание PMP 320
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