Motorola SM02-UG-en user manual SM User Manual Issue, Page 5 of

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.

Transfer. In the case of software designed to operate on Motorola equipment, you may not transfer the Software to another party except: (1) if you are an end-user, when you are transferring the Software together with the Motorola equipment on which it operates; or 2) if you are a Motorola licensed distributor, when you are transferring the Software either together with such Motorola equipment or are transferring the Software as a licensed duly paid for upgrade, update, patch, new release, enhancement or replacement of a prior version of the Software. If you are a Motorola licensed distributor, when you are transferring the Software as permitted herein, you agree to transfer the Software with a license agreement having terms and conditions no less restrictive than those contained herein. You may transfer all other Software, not otherwise having an agreed restriction on transfer, to another party. However, all such transfers of Software are strictly subject to the conditions precedent that the other party agrees to accept the terms and conditions of this License, and you destroy any copy of the Software you do not transfer to that party. You may not sublicense or otherwise transfer, rent or lease the Software without our written consent. You may not transfer the Software in violation of any laws, regulations, export controls or economic sanctions imposed by the U.S. Government.

Right to Audit. Motorola shall have the right to audit annually, upon reasonable advance notice and during normal business hours, your records and accounts to determine compliance with the terms of this Agreement.

Export Controls. You specifically acknowledge that the software may be subject to United States and other country export control laws. You shall comply strictly with all requirements of all applicable export control laws and regulations with respect to all such software and materials.

SM User Manual Issue 2 Page 5 of 34