Software License

IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE (“LICENSE”) CAREFULLY BEFORE YOU USE ANY SOFTWARE, FIRMWARE, AND RELATED DOCUMENTATION (“SOFTWARE”) PROVIDED WITH MOTOROLA’S DIGITAL CABLE RECEIVER OR HOME THEATER SYSTEM (EACH SHALL BE REFERRED TO IN THIS LICENSE AS A “RECEIVER”). BY USING THE RECEIVER AND/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 USE THE SOFTWARE AND (II) RETURN THE RECEIVER 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 third party licensors retain the ownership of the Software.

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 THIRD 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 third 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 third 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.

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