Motorola WiNG 5.7.1, Справочное руководство системы

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About this Guide 5
8. LIMITED WARRANTY AND LIMITATION OF LIABILITY
8.1 Unless otherwise specified in the applicable warranty statement, the Documentation or in any other media at the time
of shipment of the Software by Symbol Technologies, and for the warranty period specified therein, for the first 120
days after initial shipment of the Software to the End-User Customer, Symbol Technologies warrants that the Software,
when installed and/or used properly, will be free from reproducible defects that materially vary from its published
specifications. Symbol Technologies does not warrant that End-User Customer’s use of the Software or the Products will
be uninterrupted or error-free or that the Software or the Products will meet End-User Customer’s particular
requirements.
8.2 SYMBOL TECHNOLOGIES’ TOTAL LIABILITY, AND END-USER CUSTOMER’S SOLE REMEDY, FOR ANY BREACH OF THIS
WARRANTY WILL BE LIMITED TO, AT SYMBOL TECHNOLOGIES’ OPTION, REPAIR OR REPLACEMENT OF THE
SOFTWARE OR PAYMENT OF END-USER CUSTOMER’S ACTUAL DAMAGES UP TO THE AMOUNT PAID TO SYMBOL
TECHNOLOGIES FOR THE SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE SOFTWARE IS EMBEDDED OR FOR
WHICH IT WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE FIRST END-USER CUSTOMER; SUBSEQUENT
TRANSFEREES MUST ACCEPT THE SOFTWARE “AS IS” AND WITH NO WARRANTIES OF ANY KIND. SYMBOL
TECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
8.3 IN NO EVENT WILL SYMBOL TECHNOLOGIES BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, TIME OR DATA, INCONVENIENCE, COMMERCIAL LOSS, LOST
PROFITS, OR SAVINGS, TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. TERM AND TERMINATION
9.1 Any use of the Software, including but not limited to use on the Products, will constitute End-User Customer’s
agreement to this End-User License Agreement. End-User Customer’s right to use the Software will continue for the life
of the Products with which or for which the Software and Documentation have been provided by Symbol Technologies,
unless End-User Customer breaches this End-User License Agreement, in which case this End-User License Agreement
and End-User Customer’s right to use the Software and Documentation may be terminated immediately by Symbol
Technologies. In addition, if Symbol Technologies reasonably believes that End-User Customer intends to breach this
End-User License Agreement Symbol Technologies may, by notice to End-User Customer, terminate End-User Customer’s
right to use the Software.
9.2 Upon termination, Symbol Technologies will be entitled to immediate injunctive relief without proving damages and,
unless End-User Customer is a sovereign government entity, Symbol Technologies will have the right to repossess all
copies of the Software in End-User Customer’s possession. Within thirty (30) days after termination of End-User
Customer’s right to use the Software, End-User Customer must certify in writing to Symbol Technologies that all copies
of such Software have been returned to Symbol Technologies or destroyed.
10. UNITED STATES GOVERNMENT LICENSING PROVISIONS
10.1This Section applies if End-User Customer is the United States Government or a United States Government agency.
End-User Customer’s use, duplication or disclosure of the Software and Documentation under Symbol Technologies’
copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial
Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being
provided to the Department of Defense. If the Software and Documentation are being provided to the Department of
Defense, End-User Customer’s use, duplication, or disclosure of the Software and Documentation is subject to the
restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted
Rights notice, or other notice referring to this End-User License Agreement. The provisions of this End-User License
Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the
End-User Customer under the provisions of the FAR and DFARS mentioned above, as applicable to the particular
procuring agency and procurement transaction.