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Microsoft End User License Agreement

You have acquired a device (“DEVICE”) that includes software licensed by Motorola, Inc. (“Motorola”) from Microsoft Licensing Inc. or its affiliates (“Microsoft”), for use in connection with wireless network services provided under separate agreement between you and a wireless telecommunications provider (“Mobile Operator”). Those installed software products of Microsoft origin, as well as associated media, printed materials, and “online” or electronic documentation (“SOFTWARE”) are protected by international intellectual property laws and treaties. SOFTWARE includes software already installed on the DEVICE (“DEVICE Software”) and Microsoft software contained on any CD-ROM disk accompanying the DEVICE (“Desktop Software”).

The SOFTWARE is licensed, not sold. All rights reserved.

IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT MOTOROLA FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).

1.GRANT OF SOFTWARE LICENSE. This EULA grants you the following license:

1.1.DEVICE Software. You may use the DEVICE Software as installed on the DEVICE (including as installed on removable media installed in the DEVICE). All or certain portions of the DEVICE Software may be inoperable if a proper account is not established or maintained with an appropriate Mobile Operator, or if the Mobile Operator’s network facilities are not operating or configured to operate with the DEVICE software.

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