Motorola PTP 100 (FSK), PMP 100, PMP 400 manual Release Release Notes and User Guide Supplement

Release 11.0 Release Notes and User Guide Supplement

Ownership. Motorola (or its supplier) retains all title, ownership and intellectual property rights to the Software and any copies,

including translations, compilations, derivative works (including images) partial copies and portions of updated works. The Software is Motorola’s (or its supplier's) confidential proprietary information. This Software License Agreement does not convey to you any interest in or to the Software, but only a limited right of use. You agree not to disclose it or make it available to anyone without Motorola’s written authorization. You will exercise no less than reasonable care to protect the Software from unauthorized disclosure. You agree not to disassemble, decompile or reverse engineer, or create derivative works of the Software, except and only to the extent that such activity is expressly permitted by applicable law.

Termination. This License is effective until terminated. This License will terminate immediately without notice from Motorola or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and the sections entitled Limited Warranty, Limitation of Remedies and Damages, and General will survive any termination.

Limited Warranty. Motorola warrants for a period of ninety (90) days from Motorola’s or its customer’s shipment of the Software to you that (i) the disk(s) on which the Software is recorded will be free from defects in materials and workmanship under normal use and (ii) the Software, under normal use, will perform substantially in accordance with Motorola’s published specifications for that release level of the Software. The written materials are provided "AS IS" and without warranty of any kind. Motorola's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Motorola's option, replacement of the disk(s), provision of downloadable patch or replacement code, or refund of the unused portion of your bargained for contractual benefit up to the amount paid for this Software License.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY MOTOROLA, AND MOTOROLA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MOTOROLA DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY MOTOROLA OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. MOTOROLA DOES NOT WARRANT ANY SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS, DAMAGED, MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL MOTOROLA OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Motorola or a Motorola representative has been advised of the possibility of such damage. Motorola's liability to you for direct damages for any cause whatsoever, regardless of the basis of the form of the action, will be limited to the price paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Maintenance and Support. Motorola shall not be responsible for maintenance or support of the software. By accepting the license granted under this agreement, you agree that Motorola will be under no obligation to provide any support, maintenance or service in connection with the Software or any application developed by you. Any maintenance and support of the Related Product will be provided under the terms of the agreement for the Related Product.

Issue 1, March 2011 Page 55