Software License, Warranty, Safety, and Regulatory Information - SBG Series Wireless Cable Modem Gateway
Motorola, Inc., Broadband Communications Sector (“Motorola”) 101 Tournament Drive, Horsham, PA 19044
IMPORTANT: PLEASE READ THIS SOFTWARE LICENSE (“LICENSE”) CAREFULLY BEFORE YOU INSTALL, DOWNLOAD OR USE ANY APPLICATION SOFTWARE, USB
DRIVER SOFTWARE, FIRMWARE AND RELATED DOCUMENTATION (“SOFTWARE”) PROVIDED WITH MOTOROLA’S CABLE DATA PRODUCT (THE “CABLE DATA
PRODUCT”). BY USING THE CABLE DATA PRODUCT AND/OR INSTALLING, DOWNLOADING OR USING ANY OF THE SOFTWARE, YOU INDICATE YOUR ACCEPTANCE
OF EACH OF THE TERMS OF THIS LICENSE. UPON ACCEPTANCE, THIS LICENSE WILL BE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MOTOROLA. THE
TERMS OF THIS LICENSE APPLY TO YOU AND TO ANY SUBSEQUENT USER OF THIS SOFTWARE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE (I) DO NOT INSTALL OR USE THE SOFTWARE AND (II) RETURN THE CABLE DATA PRODUCT AND
THE SOFTWARE (COLLECTIVELY, “PRODUCT”), INCLUDING ALL COMPONENTS, DOCUMENTATION AND ANY OTHER MATERIALS PROVIDED WITH THE PRODUCT,
TO YOUR POINT OF PURCHASE OR SERVICE PROVIDER, AS THE CASE MAY BE, FOR A FULL REFUND.
The Software includes associated media, any printed materials, and any “on-line” or electronic documentation, as well as any updates, revisions, bug fixes, or drivers obtained by you from Motorola
or your service provider. Software provided by 3rd parties may be subject to separate end-user license agreements from the manufacturers of such Software.
The Software is never sold. Motorola licenses the Software to the original customer and to any subsequent licensee for personal use only on the terms of this License. Motorola and its 3
rd
party
licensors retain the ownership of the Software.
SOFTWARE LICENSE
You may:
USE the Software only in connection with the operation of the Product.
TRANSFER the Software (including all component parts and printed materials) permanently to another person, but only if the person agrees to accept all of the terms of this License. If you transfer
the Software, you must at the same time transfer the Product and all copies of the Software (if applicable) to the same person or destroy any copies not transferred.
TERMINATE this License by destroying the original and all copies of the Software (if applicable) in whatever form.
You may not:
(1) Loan, distribute, rent, lease, give, sublicense or otherwise transfer the Software, in whole or in part, to any other person, except as permitted under the TRANSFER paragraph above. (2) Copy or
translate the User Guide included with the Software, other than for personal use. (3) Copy, alter, translate, decompile, disassemble or reverse engineer the Software, including but not limited to,
modifying the Software to make it operate on non-compatible hardware. (4) Remove, alter or cause not to be displayed, any copyright notices or startup message contained in the Software programs
or documentation. (5) Export the Software or the Product components in violation of any United States export laws.
The Product is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in design, construction, operation or maintenance of any
nuclear facility. MOTOROLA AND ITS 3
rd
PARTY LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH USES. YOU REPRESENT AND
WARRANT THAT YOU SHALL NOT USE THE PRODUCT FOR SUCH PURPOSES.
Title to this Software, including the ownership of all copyrights, mask work rights, patents, trademarks and all other intellectual property rights subsisting in the foregoing, and all adaptations to and
modifications of the foregoing shall at all times remain with Motorola and its 3
rd
party licensors. Motorola retains all rights not expressly licensed under this License. The Software, including any
images, graphics, photographs, animation, video, audio, music and text incorporated therein is owned by Motorola or its 3
rd
party licensors and is protected by United States copyright laws and
international treaty provisions. Except as otherwise expressly provided in this License, the copying, reproduction, distribution or preparation of derivative works of the Software, any portion of the
Product or the documentation is strictly prohibited by such laws and treaty provisions. Nothing in this License constitutes a waiver of Motorola’s rights under United States copyright law.
This License and your rights regarding any matter it addresses are governed by the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles. THIS LICENSE
SHALL TERMINATE AUTOMATICALLY if you fail to comply with the terms of this License.
Motorola is not responsible for any 3
rd
party software provided as a bundled application, or otherwise, with the Software.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Product and documentation is provided with RESTRICTED RIGHTS. The use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (c)(1)(ii) of The
Rights in Technical Data and Computer Software clause at 52.227-7013. The contractor/ manufacturer is Motorola, Inc., Broadband Communications Sector, 101 Tournament Drive, Horsham, PA
19044.
WARRANTY INFORMATION
Retail Purchasers. If you purchased this Product directly from Motorola or from an authorized Motorola retail reseller, Motorola warrants to you, the original end user customer, that (A) the
Product, excluding Software, will be free from defects in materials and workmanship under normal use, and (B) with respect to Software, (i) the media on which the Software is provided will be free
from defects in material and workmanship under normal use, and (ii) the Software will perform substantially as described in its documentation. This Limited Warranty to you, the original end user
customer, continues (A) for Software and the media upon which it is provided, for a period of ninety (90) days from the date of purchase from Motorola or an authorized Motorola reseller, and (B)
for the Product (excluding Software), for a period of two (2) years from the date of purchase from Motorola or from an authorized Motorola reseller. To take advantage of this Limited Warranty or
to obtain technical support, you must call the Motorola toll-free phone number (below). Motorola’s sole and exclusive obligation under this Limited Warranty for retail sales shall be to repair or
replace any Product or Software that does not meet this Limited Warranty. All warranty claims must be made within the applicable Warranty Period.
Cable Operator or Service Provider Arrangements. If you did not purchase this Product directly from Motorola or from a Motorola authorized retail reseller
, Motorola does not warrant this
Product to you, the end-user. A limited warranty for this Product (including Software) may have been provided to your cable operator or Internet Service Provider (“Service Provider”) from whom
you obtained the Product. Please contact your Service Provider if you experience problems with this Product.
General Information. The warranties described in this Section shall not apply: (i) to any Product subjected to accident, misuse, neglect, alteration, Acts of God, improper handling, improper
transport, improper storage, improper use or application, improper installation, improper testing or unauthorized repair; or (ii) to cosmetic problems or defects which result from normal wear and
tear under ordinary use, and do not affect the performance or use of the Product. Motorola’s warranties apply only to a Product that is manufactured by Motorola and identified by Motorola owned
trademark, trade name or product identification logos affixed to the Product. Motorola does not warrant to you, the end user, or to anyone else that the Software will perform error free or without
bugs. MOTOROLA IS NOT RESPONSIBLE FOR, AND PROVIDES “AS IS” ANY SOFTWARE SUPPLIED BY 3rd PARTIES. EXCEPT AS EXPRESSLY STATED IN THIS SECTION
(“WARRANTY INFORMATION”), THERE ARE NO WARRANTIES OF ANY KIND RELATING TO THE PRODUCT, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY AGAINST INFRINGEMENT PROVIDED IN
THE UNIFORM COMMERCIAL CODE. Some states do not allow for the exclusion of implied warranties, so the above exclusion may not apply to you.
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