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Software License & Warranty

SURFboard SVG2501 Series Wireless Voice Gateway

Motorola, Inc.

Home & Networks Mobility Solutions Business (“Motorola”)

101 Tournament Drive

Horsham, PA

19044

Software License

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. BY INSTALLING OR USING THE

SOFTWARE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS LICENSE AGREEMENT.

The Software includes associated media, any printed materials, and any “on-line” or electronic documentation.

Software provided by third 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 3rd party licensors retain the ownership of the

Software.

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.

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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 3RD

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 3rd 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 3rd 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 third 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., Home & Networks Mobility Solutions

Business, 101 Tournament Drive, Horsham, PA

19044.

Warranty Information

SURFboard SVG2501 Wireless Voice Gateway

Home & Networks Mobility (“Motorola”)

What is my limited warranty? A limited warranty for this Product (including Software) is provided by Motorola to your

distributor, cable operator, or Internet service provider, as applicable. Please contact your cable operator or Internet

service provider (“Service Provider”) for details. Motorola does not warrant that any Software will perform error-free or

without bugs. Motorola’s warranty 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 warranty applies

only to a Product that is manufactured by Motorola and identified by Motorola-owned trademarks, trade names, or

product identification logos affixed to the Product. MOTOROLA DOES NOT WARRANT THIS PRODUCT DIRECTLY TO

YOU, THE END USER. EXCEPT AS DESCRIBED IN THIS SECTION “WARRANTY INFORMATION,” THERE ARE NO

WARRANTIES OR REPRESENTATIONS 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 WARRANTY AGAINST INFRINGEMENT. MOTOROLA IS NOT RESPONSIBLE FOR, AND

PROVIDES “AS IS,” ANY SOFTWARE SUPPLIED BY 3RD PARTIES.

What additional provisions should I be aware of? Because it is impossible for Motorola to know the purposes for which

you acquired this Product or the uses to which you will put this Product, you assume full responsibility for the selection

of the Product for its installation and use. While every reasonable effort has been made to insure that you will receive

a Product that you can use and enjoy, Motorola does not warrant that the functions of the Product will meet your

requirements or that the operation of the Product will be uninterrupted or error-free. MOTOROLA IS NOT RESPONSIBLE

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FOR PROBLEMS OR DAMAGE CAUSED BY THE INTERACTION OF THE PRODUCT WITH ANY OTHER SOFTWARE OR

HARDWARE.

How long does this Limited Warranty last? Contact your Service Provider for details.

What you must do to obtain warranty service. For Product customer service, technical support, warranty claims,

questions about your Internet service or connection, contact your Service Provider. ALL WARRANTIES ARE VOID IF THE

PRODUCT IS OPENED, ALTERED, AND/OR DAMAGED.

THESE ARE YOUR SOLE AND EXCLUSIVE REMEDIES for any and all claims that you may have arising out of or in

connection with this Product, whether made or suffered by you or another person and whether based in contract or tort.

IN NO EVENT SHALL MOTOROLA BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL,

SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY

TO USE THE PRODUCT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS

INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS), OR FROM ANY BREACH OF WARRANTY,

EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL MOTOROLA’S

LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.

Motorola’s warranty is governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of laws

principles and excluding the provisions of the United Nations.

m

Motorola, Inc.

101 Tournament Drive

Horsham, PA 19044 U.S.A.

http://www.motorola.com

MOTOROLA and the Stylized M logo are registered in the US Patent and Trademark Office. SURFboard is a registered

trademark of General Instrument Corporation, a wholly owned subsidiary of Motorola, Inc. All other product or service

names are the property of their respective owners. ©2010 Motorola, Inc. All rights reserved.

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03/2010