Chapter 4: License Information

6.RIGHT TO USE MOTOROLA’S NAME. Except as required in Section 3.4 above, you shall not, during the term of this Agreement or thereafter, use any trademark, of Motorola, or any word or symbol likely to be confused with any Motorola trademark, either alone or in any combination with another word or words.

7.PAYMENT. The rights granted hereunder are contingent upon payment for the Products. All payments shall be due net thirty (30) days from date of the invoice.

8.UPGRADES AND UPDATES. If the Products are licensed to you as an upgrade or update to a product previously licensed to you, you must destroy the Products previously licensed to you, including any copies, within thirty (30) days of your receipt of the update or upgrade.

9.MAINTENANCE. Motorola shall not be responsible for maintenance or field service of the Software under this Agreement.

10.LIMITED WARRANTY. All diskettes or CD-ROMS on which the Products are furnished (“Media”) are warranted to be free from manufacturing and material defects for ninety (90) days after the shipment date of the Products to you. Media that become defective during such period shall be repaired or, at Motorola’s option, replaced. This limited warranty is contingent upon proper use of the Media and does not cover Products which have been tampered with, modified, or subjected to unusual physical or electrical stress. Tampering with or removal of any factory seal or label on any Media voids this warranty and releases Motorola from any and all liability.

11.DISCLAIMER. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, MOTOROLA MAKES, AND YOU RECEIVE, NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU. MOTOROLA SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCTS ARE PROVIDED “AS IS.” 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. MOTOROLA MAKES NO WARRANTY WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

12.REMEDIES. The entire liability of Motorola, and your exclusive remedy under the warranty provided herein will be, at Motorola’s option, to repair or replace any Media

July 2007

4-4

Page 50
Image 50
Nikon 4300 manual