End User License Agreement - Motorola ES400 Regulatory Manual

End-user License Agreement
These license terms are an agreement between you and Motorola,
Inc. ("Company"). Please read them. They apply to the software
included on this device. The software also includes any separate
media on which you received the software.
The software on this device includes software licensed by Company
from Microsoft Corporation or its affiliate.
The terms also apply to any:
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so,
those terms apply.
As described below, using some features also operates as your
consent to the transmission of certain standard computer information
for Internet-based services.
By using the software, including use on this device, you accept these
terms. If you do not accept them, do not use the device or software.
Instead, contact Company to determine its return policy for a refund
or credit.
WARNING: If the software contains voice operated technologies,
then operating this software requires user attention. Diverting
attention away from the road while driving can possibly cause an
accident or other serious consequence. Even occasional, short
diversions of attention can be dangerous if your attention is diverted
away from your driving task at a critical time. Company and Microsoft
make no representations, warranties or other determinations that
ANY use of this software is legal, safe, or in any manner
recommended or intended while driving or otherwise operating a
motor vehicle.
If you comply with these license terms, you have the rights below.
1. USE RIGHTS.
You may use the software on the device with which you acquired the
software.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE
RIGHTS.
a. Specific Use. Company designed this device for a specific use.
You may only use the software for that use.
b. Included Microsoft Programs and Additional Required
Licenses. Except as provided below, these license terms apply
to all Microsoft programs included with the software. If the
license terms with any of those programs give you other rights
that do not expressly conflict with these license terms, you also
have those rights.
i. This agreement does not grant you any rights with respect to the
Windows Mobile Device Center, Microsoft ActiveSync or Microsoft
Outlook 2007 Trial which are subject to the licenses
accompanying those items.
c. Speech Recognition. If the software includes speech
recognition component(s), you understand that speech
recognition is an inherently statistical process and that
recognition errors are inherent in the process. Neither Company
nor Microsoft or their suppliers shall be liable for any damages
arising out of errors in the speech recognition process.
d. Phone Functionality. If the device software includes phone
functionality, all or certain portions of the device software may
be inoperable if you do not have and maintain a service account
with a wireless telecommunication carrier ("Mobile Operator"),
or if the Mobile Operator's network is not operating or
configured to operate with the device.
3. SCOPE OF LICENSE. The software is licensed, not sold. This
agreement only gives you some rights to use the software. Company
and Microsoft reserve all other rights. Unless applicable law gives
you more rights despite this limitation, you may use the software only
as expressly permitted in this agreement. In doing so, you must
comply with any technical limitations in the software that allow you to
use it only in certain ways. You may not: