MPX 220 Windows Smartphone 2003 EULA

[Guest fluffcat1]

ATTENTION: READ CAREFULLY BEFORE YOU INSTALL THE SOFTWARE

END USER LICENSE AGREEMENT

BY CLICKING ON THE "I AGREE" BUTTON AT THE BOTTOM OF THIS WINDOW, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON.

THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL), AND MOTOROLA, INC. (FOR ITSELF AND ITS SUPPLIERS). THE RIGHT TO USE THIS SOFTWARE APPLICATION (which may include corresponding documentation) IS LICENSED ONLY ON THE CONDITION THAT YOU AGREE TO THE FOLLOWING TERMS.

Grant of License. Subject to the following terms and conditions, Motorola, Inc., grants to you a non-exclusive license to use the Software Application on one compatible cellular telephone as governed by this Agreement. You shall not transfer, forward, distribute, transmit, sublicense, sell, rent or lease the Software Application to another person. You agree not to copy, modify, disassemble, decompile or reverse engineer the Software Application. You shall not export, directly or indirectly, this Software Application into any country prohibited by the U.S. Export Administration Act. The Software Application is licensed to you solely for your own personal noncommercial use, and any commercial use of the Software Application is strictly prohibited. You shall keep all copyright and proprietary notices associated with the Software Application intact.

Ownership. Motorola (or its suppliers) retains all right, title and interest in and to any and all intellectual property rights to the Software Application.

Termination. This Agreement is effective until terminated. This Agreement will terminate immediately without notice from Motorola or judicial resolution if you fail to comply with any provision of this Agreement. In addition, Motorola may terminate this Agreement at the direction of its supplier or in the event an infringement action is brought with respect to the Software Application. Upon any such termination you must delete the Software Application, and only the sections entitled Indemnity, Limited Warranty, Limitation of Liabilities, and General will survive any termination of this Agreement.

Indemnity. You agree to indemnify and hold harmless Motorola, its suppliers, and their respective officers, directors, employees, agents, successors and assigns from and against any and all judgments, losses, damages, liabilities, costs or expenses (including reasonable attorneys' fees and legal expenses) of any kind arising from or relating to your breach of this Agreement or your misuse of the Software Application.

Limited Warranty. Motorola warrants for a period of three (3) days from Motorola's or its supplier's delivery of the Software Application to you that the Software Application will perform on a single compatible cellular telephone and be free from defects in workmanship under normal use. Motorola's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be the provision of a downloadable replacement Software Application.

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED TO YOU, AND MOTOROLA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MOTOROLA DOES NOT WARRANT ANY SOFTWARE APPLICATION THAT HAS BEEN MISUSED OR IMPROPERLY INSTALLED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

Limitation of Liability. MOTOROLA'S AND ITS SUPPLIERS' TOTAL LIABILITY, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, IS LIMITED TO THE PRICE OF THE PARTICULAR SOFTWARE APPLICATION SOLD WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL MOTOROLA OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW. NO ACTION WILL BE BROUGHT FOR ANY BREACH OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

U.S. Government Users. If you are a U.S. Government user, then the Software Application is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs ©(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.

General. Illinois law governs this Agreement. The Agreement may not be modified or waived except in writing and signed by an officer or other authorized representative of each party. If any provision is held invalid, all other provisions shall remain valid, unless such invalidity would frustrate the purpose of our Agreement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent action in the event of future breaches.

Edited September 27, 2005 by fluffcat1

[Guest mOOky]

Motorola warrants for a period of three (3) days

<{POST_SNAPBACK}>

THREE WHOLE DAYS? Wow...that's generous.