Motorola AP 7161 Installation Manual page 58

58 AP 7161 Access Point Installation Guide
11. GENERAL
11.1 Copyright Notices. The existence of a copyright notice on the Software will not be construed as an
admission or presumption that public disclosure of the Software or any trade secrets associated with the
Software has occurred.
11.2 Compliance with Laws. End-User Customer acknowledges that the Software is subject to the laws and
regulations of the United States and End-User Customer will comply with all applicable laws and regulations,
including export laws and regulations of the United States. End-User Customer will not, without the prior
authorization of Motorola Solutions and the appropriate governmental authority of the United States, in any form
export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical
data or direct of indirect products sold or otherwise furnished to any person within any territory for which the
United States Government or any of its agencies at the time of the action, requires an export license or other
governmental approval. Violation of this provision is a material breach of this Agreement.
11.3 Third Party Beneficiaries. This End-User License Agreement is entered into solely for the benefit of Motorola
Solutions and End-User Customer. No third party has the right to make any claim or assert any right under this
Agreement, and no third party is deemed a beneficiary of this End-User License Agreement. Notwithstanding the
foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended
third party beneficiary of this End-User License Agreement.
11.4 Waiver. No waiver of a right or remedy of a Party will constitute a waiver of another right or remedy of that
Party.
11.5 Assignments. Motorola Solutions may assign any of its rights or sub-contract any of its obligations under this
End-User License Agreement or encumber or sell any of its rights in any Software, without prior notice to or
consent of End-User Customer.
11.6 Causes of Action. End-User Customer must bring any action under this End-User License Agreement within
one year after the cause of action arises except that warranty claims must be brought within the applicable
warranty period.
11.7 Entire Agreement and Amendment. This End-User License Agreement contains the parties' entire agreement
regarding End-User Customer's use of the Software and may be amended only in a writing signed by both parties,
except that Motorola Solutions may modify this End-User License Agreement as necessary to comply with
applicable laws and regulations.
11.8 Governing Law. This End-User License Agreement is governed by the laws of the the State of Delaware in
the United States to the extent that they apply and otherwise by the internal substantive laws of the country to
which the Software is shipped if End-User Customer is a sovereign governmental entity. The terms of the U.N.
Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer
information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes
applicable to a Party's performance under this Agreement, UCITA does not govern any aspect of this End-User
License Agreement or any license granted under this End-User License Agreement, or any of the parties' rights or
obligations under this End-User License Agreement. The governing law will be that in effect prior to the
applicability of UCITA.