Motorola Organizer manual License for Individual Use

Software License Agreement, Disclaimer, and Limitation of Liability

IMPORTANT. READ CAREFULLY. As with any product, Starfish recommends backing up your data files before using this product, and then periodically as you continue to use it. For help backing up your data, please visit the Starfish Web site at: http://www.starfish.com/service/backup/

In this document TrueSync Plus, TrueSync Desktop, and TrueSync Component Install are together called "PC Software". All software on the StarTAC clipOn Organizer device are together called "Device Software".

This Software License Agreement, Disclaimer, and Limitation of Liability (together called "Agreement") is a legal agreement between you (an individual or a single entity) and Starfish Software, Inc. ("Starfish"). This Agreement covers the PC Software, the Device Software, and all software and files that are downloaded or installed at any time (including the future) using the TrueSync Component Install or TrueSync Plus programs. The PC Software includes components known as "Accessors" that may be used with TrueSync Plus. The downloaded or installed software and files may include without limitation TrueSync Plus, TrueSync Desktop, Accessors, and/or updates. All such PC Software, Device Software, and downloaded or installed software and files, and any associated media, printed materials, and/or "online" or electronic documentation, are together called the "Software Product" in this Agreement.

By downloading, installing, copying, or otherwise using the Software Product, you acknowledge that you have read this Agreement and agree to be bound by its terms. If you do not agree to the terms of this Agreement, do not download, install, copy, or otherwise use the Software Product.

A. License for Individual Use

The Software Product is licensed, not sold, to you for your own individual use only. You may install the PC Software on a single computer for use by a single, particular user. You may make a single copy of the PC Software, for archive purposes only.

Each Accessor is licensed only for use with, and on a same computer as, a compatible version (if one exists) of TrueSync Plus (or TrueSync Desktop) that you have validly licensed from Starfish.

The Software Product is protected by U.S. and international copyright law and treaties, as well as other intellectual property law and treaties, and cannot be copied or otherwise made available to more than one person at the same time without violating the law. Starfish reserves all rights not specifically granted in this document.

B. Other Limits on Your Use

Except as otherwise specifically described in this Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share, or electronically transmit or receive the Software Product. The Software Product is licensed as a single product. The PC Software's component parts may not be separated for use on more than one computer. The Device Software may not be used in any device other than the particular device in which it originally came. You acknowledge that the SoftwareProduct in source code form remains a confidential trade secret of Starfish. You agree not to modify or attempt to reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

C. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SOFTWARE PRODUCT IS AT YOUR SOLE RISK. THE SOFTWARE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STARFISH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

Starfish makes no representation or warranty regarding the content of the Software Product, including its computer software and documentation. For example, Starfish does not warrant that the computer software or documentation are "error-free" or will meet the needs and requirements of a particular user. All information in the Software Product,including the software and documentation, is subject to change without notice.

D. Limitation of Liability

To the maximum extent permitted by applicable law, Starfish and its suppliers expressly disclaim any liability for damages arising from the use of this Software Product or any other damages, including (though not limited to) lost profits or data, special, incidental, consequential, indirect, or other damages or claims, even if Starfish or its suppliers has been specifically advised of the possibility of such damages or claims. Regardless of the form of the damage or claim, the only liability Starfish or its suppliers will have to you or any other person will be limited to the amount actually paid for your product of which the Software Product is a part, or $100 (U.S.), whichever is greater. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

E. Miscellaneous

This Agreement can only be modified in writing signed by you and an authorized officer of Starfish. If any part or provision is found to be unenforceable or void, the remainder shall be valid and enforceable. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages shall remain in effect. Use, duplication, or disclosure of the Software Product and documentation by the U.S. Government is subject to the restricted rights applicable to commercial computer software (under FAR 52.227-19 and DFARS 252.227-7013). Export or re-export of the Software Product is subject to the U.S. Commerce Department export restrictions. The Software Product is intended for use in the country in which the product or package of which the Software Product is a part is first sold (or the EEC if first sold in the EEC). This Agreement shall be construed under the laws of California, U.S.A. You have specific legal rights under this document, and may have other rights that vary from state to state and country to country.

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