B

A • Software License

71

A

Software License

SURFboard SVG1501 Wireless Voice Gateway

Motorola, Inc.

Home & Networks Mobility Solutions Business (“Motorola”)

101 Tournament Drive

Horsham, PA

19044

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.

B

A • Software License

72

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.

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. All other product or service

names are the property of their respective owners. ©2009 Motorola, Inc. All rights reserved.

567299-001-c

04/2009