Motorola ASTRO 25 User Manual - Page 2

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SOFTWARE LICENSE AGREEMENT

License

In this license agreement ("License Agreement"), you, the purchaser of the license rights granted by this Agreement,

are referred to as "Licensee" or "You. "In accordance with the terms and conditions of this License Agreement,

Motorola Corporation ("Licensor") grants Licensee the non-exclusive license to use the accompanying software

("Software") and documentation ("Documentation") only in the country where acquired from your supplier ("Supplier").

In this License Agreement, the Software and Documentation and any copies or modifications are referred to as the

"Licensed Product." All rights to and in the Licensed FLASHport® Product, including, but not limited to, copyrights and

trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. The Software shall only

be used on a single computer at a time. Licensee shall not transfer or distribute the Licensed Product to others, and

this Agreement shall automatically terminate in the event of such a transfer or distribution. Licensee shall not copy,

modify, decompile, or reverse engineer the Licensed FLASHport Product.

Term

This License Agreement is effective until terminated. Licensee may terminate this License Agreement by returning the

Licensed Product to Licensor. Licensor may terminate this License Agreement without notice if Licensee breaches

any of the terms and conditions. Upon termination of this License Agreement for any reason, Licensee shall

immediately return the Licensed Product to Licensor. All provisions of this Agreement relating to disclaimers of

warranties, limitation of liability, remedies or damages, and Licensor's proprietary rights shall survive termination.

Object Code The Software is delivered in object code only. Licensee shall not reverse compile or otherwise reverse

engineer the Software.

Transfers

If Licensee transfers ownership of Products to a third party, Licensee may assign its rights to use Motorola Software

(other than Radio Service Software and FLASHport Software) embedded in or furnished for use with those Products

provided that (a) Licensee transfers all copies of such Motorola Software to the new owner and (b) Motorola receives

a transfer form (which Motorola will provide upon request) completed and signed by the new owner. Otherwise,

Licensee may not transfer or make available any Motorola Software to any third party.

Limited Warranty

For the first 120 days after initial shipment of Motorola Software, or, if the Motorola Software is provided pursuant to a

Communications System Agreement or Communications Equipment Agreement between Motorola and Licensee, for

the Warranty Period specified in such Agreement, Motorola warrants that the Motorola Software, when used properly,

will be free from reproducible defects that eliminates the functionality of a feature critical to the primary functionality of

a system. The primary functionality of a voice communication system is subscriber-to-subscriber, subscriber-to-

dispatcher, and dispatcher-to- subscriber voice communication. The primary functionality of a data system is point-to-

point data transmission. Motorola does not warrant that Licensee's use of the Motorola Software or the Products will

be uninterrupted or error-free or that the Motorola Software or the Products will meet Licensee's particular

requirements. This limited software warranty does not include any warranty covering the processing of date data from,

into, and between the year 1999 and the year 2001. Any such warranty would be provided expressly in a separately

executed agreement. MOTOROLA'S TOTAL LIABILITY, AND LICENSEE'S SOLE REMEDY, FOR ANY BREACH OF

THIS WARRANTY WILL BE LIMITED TO, AT MOTOROLA'S OPTION, REPAIR OR REPLACEMENT OF THE

MOTOROLA SOFTWARE OR PAYMENT OF LICENSEE'S DIRECT DAMAGES UP TO THE AMOUNT PAID TO

MOTOROLA FOR THE MOTOROLA SOFTWARE OR THE INDIVIDUAL PRODUCT IN WHICH THE MOTOROLA

SOFTWARE IS EMBEDDED OR FOR WHICH IT WAS PROVIDED. THIS WARRANTY EXTENDS ONLY TO THE

FIRST LICENSEE; SUBSEQUENT TRANSFEREES MUST ACCEPT THE MOTOROLA SOFTWARE "AS IS" AND

WITH NO WARRANTIES OF ANY KIND. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE.

Limitation of Liability

Licensor's sole obligation or liability under this agreement is the replacement of defective media according to the

Limited Warranty above. In no event will Licensor be liable for any consequential, incidental or indirect damages,

including, without limitation, any loss of data, or loss of profits or lost savings, arising out of use or inability to use the

Software or Documentation (or any hardware furnished with the software), even if Licensor has been advised of the

possibility of such damages, or for any claim by any third party. In no event shall Licensor be liable for any damages.

General

Any hardware provided to Licensee by Licensor shall not be exported or re-exported in violation of any export

provisions of the United States or any other applicable jurisdiction. Any attempt to sublicense, assign or transfer any

of the rights, duties or obligations hereunder is void. This Agreement shall be governed by and interpreted under the

laws of the State of New York, United States of America, without regard to conflicts of provisions. In the case of the

United States Government or an agency thereof as Licensee, the following additional terms apply: Restricted

Computer Software, as defined in the Rights in Data-General clause at Federal Acquisition Regulations 52.227-14;

and as applicable.

Restricted Rights Legend

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (iii) of

the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.

Motorola Inc. Schaumburg, IL 60196

Licensee acknowledges that it has read and understands this agreement and agrees to be bound by its terms.

Licensee further agrees that this agreement is the complete and exclusive statement of the agreement between the

Licensee and Licensor, and supersedes any proposal or prior agreement, oral or written, and any other

communications relating to this subject matter of this agreement.

MOTOROLA, the stylized M logo and ASTRO are registered in the US Patent and Trademark Office. All other product

or service names are the property of their respective owners.