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Chapter 4: License Information
July 2007
4-2
1. DEFINITIONS. In this Agreement, the word “Software” refers to the set of
instructions for computers, in executable form and in any media, (which may include
diskette, CD-ROM, downloadable internet, hardware, or firmware) licensed to you. The
word “Documentation” refers to electronic or printed manuals and accompanying
instructional aids licensed to you. The word “Product(s)” refers to the specific combination
of Software and Documentation that you have licensed and which has been provided to you
under the terms of this Agreement.
2. GRANT OF LICENSE. Motorola, Inc. (“Motorola”) grants you (“Licensee” or
“you”) a personal, nonexclusive, nontransferable license to use the Products subject to the
Conditions Of Use set forth in Section 3 below and the terms and conditions of this
Agreement. Any terms or conditions appearing on the face or reverse side of any purchase
order, purchase order acknowledgment or other order document that are different from,
or in addition to, the terms of this Agreement will not be binding on the parties, even if
payment is accepted.
3. CONDITIONS OF USE. Any use of the Products outside of the conditions set forth
herein is strictly prohibited and will be deemed a breach of this Agreement.
3.1 Only your employees or agents may use the Products. You shall take all necessary
steps to insure that your employees and agents abide by the terms of this Agreement.
3.2 You shall use the Products (i) only for your internal business purposes; (ii) only as
described in the Products; and (iii) in strict accordance with this Agreement.
3.3 Licensee may install and use the Products on a single client workstation, provided
that the use is in conformance with the terms set forth in this Agreement. The Products
may not be transferred to another party without the express written consent of Motorola,
regardless of whether or not such transfer is accomplished by physical or electronic means.
3.4. Portions of the Products are protected by United States copyright laws,
international treaty provisions, and other applicable laws. Therefore, you must treat the
Products like any other copyrighted material (e.g., a book or musical recording) except that
you may either: (a) make one (1) copy of the transportable part of the Products (which
typically is supplied on diskette, CD-ROM, or downloadable internet), solely for back-up
purposes; or (b) copy the transportable part of the Products to a PC hard disk, provided
you keep the original solely for back-up purposes. If the Documentation is in printed form,
it may not be copied. If the Documentation is in electronic form, you may print out one (1)
copy, which then may not be copied. With regard to the copy made for backup or archival
purposes, you agree to reproduce any Motorola copyright notice, and other proprietary
legends appearing thereon. Such copyright notice(s) may appear in any of several forms,