Motorola MOTO QTM manual CFJN4312A.book Page 79 Thursday, April 5, 2007 519 PM

CFJN4312A.book Page 79 Thursday, April 5, 2007 5:19 PM

Microsoft End User License Agreement 19

7.Software Transfer. You may not permanently transfer any of your rights under this EULA with regard to the DEVICE Software or Desktop Software, except as permitted by the applicable Mobile Operator. In the event that the Mobile Operator permits such transfer, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer of the DEVICE, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades or backup copies, this EULA and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the SOFTWARE.

8.Termination. Without prejudice to any other rights, Motorola, Licensor and their affiliates and subsidiaries may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.

9.Security Updates. The SOFTWARE may include digital rights management technology. If SOFTWARE does contain digital rights management technology, content providers are using the digital rights management technology ("Licensor DRM") contained in the SOFTWARE to protect the integrity of

their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Owners of such Secure Content ("Secure Content Owners") may, from time to time, request Licensor, or its subsidiaries or affiliates to provide security related updates to the Licensor DRM components of the SOFTWARE ("Security Updates") that may affect your ability to copy, display and/or play Secure Content through Licensor software or third party applications that utilize Licesnor DRM. You therefore agree that, if you elect to download a license from the Internet which enables your use of Secure Content, Licensor, its subsidiaries or affiliates may, in conjunction with such license, also download onto your DEVICE such Security Updates that a Secure Content Owner has requested that Licensor, its subsidiaries or affiliates, to distribute. Licensor, its subsidiaries or affiliates will not retrieve any personally identifiable information, or any other information, from your DEVICE by downloading such Security Updates.

Microsoft End User License Agreement 79