Software License, Warranty, Safety, and Regulatory Information
SURFboard
®
SBV5120 VoIP Cable Modem
Motorola, Inc., Connected Home Solutions (“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.
The Software includes associated media, any printed materials, and any “on-line” or electronic documentation. Software provided by third
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 3
rd
party licensors retain the ownership of the Software.
SOFTWARE LICENSE
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.
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., Broadband Communications Sector, 101 Tournament Drive, Horsham, PA 19044.
WARRANTY INFORMATION
What is my limited warranty?
A limited warranty for this Product (including Software) is provided by Motorola to your distributor, cable operator
or internet service provider, as applicable. Please contact your cable operator or internet service provider (“Service Provider”) for details.
Motorola does not warrant that any Software will perform error free or without bugs. Motorola’s warranty shall not apply: (i) to any Product
subjected to accident, misuse, neglect, alteration, Acts of God, improper handling, improper transport, improper storage, improper use or
application, improper installation, improper testing or unauthorized repair; or (ii) to cosmetic problems or defects which result from normal wear
and tear under ordinary use, and do not affect the performance or use of the Product. Motorola’s warranty applies only to a Product that is
manufactured by Motorola and identified by Motorola-owned trademarks, trade names or product identification logos affixed to the Product.
MOTOROLA DOES NOT WARRANT THIS PRODUCT DIRECTLY TO YOU, THE END USER. EXCEPT AS DESCRIBED IN THIS
SECTION “WARRANTY INFORMATION,” THERE ARE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND RELATING TO
THE PRODUCT, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY AGAINST INFRINGEMENT. MOTOROLA IS NOT
RESPONSIBLE FOR, AND PROVIDES “AS IS” ANY SOFTWARE SUPPLIED BY 3RD PARTIES.
