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Terms of Use |
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Motorola, Inc. ("Motorola") provides this web site to you, subject to
these Terms of Use. The Terms of Use may be updated by Motorola from
time to time without notice to you. You can review the most current
version of the Terms of Use at: http://www.motorola.com/legal.
This web site and other Motorola web sites that are linked to this site
or affiliated with this site (collectively "the Site") and all the
information, communications, software, scripting, photos, text, video,
graphics, music, sounds, images and other materials and services found
on the Site (collectively "Content"), is intended for the lawful use of
Motorola's customers, employees and members of the general public who
are over the age of 13, and citizens of the United States or Canada.
The Site is controlled and operated in whole or in part by Motorola
from its offices within the United States. Motorola makes no
representation that these materials are appropriate or available for
use in other locations. Those who access the Site from other locations
do so at their own risk and are responsible for compliance with
applicable local laws. You acknowledge that Motorola reserves the right
in its sole discretion to refuse or terminate access to the Site by you
at any time.
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You acknowledge you have read, and agree to be bound by these Terms of
Use and to comply with all applicable laws and regulations, including
without limitation U.S. export and re-export control laws and
regulations regarding the transmission of technical data exported from
the United States or the country in which you reside. You further agree
to comply with all local laws, regulations and rules regarding online
conduct and acceptable Content. You represent you have the legal
authority to accept these Terms of Use on behalf of yourself or any
party you represent. If you do not agree to these terms, please do not use the site.
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Learn more about European regulatory information related to Motorola.
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©Copyright 1994-2008 Motorola, Inc. All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law.
You acknowledge having been advised by Motorola that the Content is
protected in the U.S. and internationally by a variety of laws,
including but not limited to, copyright laws and treaty provisions,
trademark laws, patent laws and other proprietary rights laws
(collectively, "Rights"). In addition to Motorola's Rights in
individual elements of the Content, Motorola or its licensors own a
copyright in the selection, coordination and arrangement of the
Content. You are hereby granted permission to access the Content from
the Site in whole or in part, solely for your personal, non-commercial
use of viewing and browsing through the Site or ordering products or
services from the Site. This permission terminates automatically if you
breach any of the web site Terms of Use. If pursuant to an
authorization from Motorola, you download software from the Site, the
software, including all code, files, images, contained in or generated
by the software, and accompanying data, are deemed to be licensed to
you by Motorola. Neither title nor intellectual property rights are
transferred to you, but remain with Motorola, who owns full and
complete title. You may not resell, decompile, reverse engineer,
disassemble, or otherwise convert the Software to a perceivable form.
Motorola does not grant you any permission to use the Content other
than the permission expressly stated in these Terms of Use. All other
use of Content from the Site, including, but not limited to uploading,
downloading, modification, publication, transmission, participation in
the transfer or sale of, copying, reproduction, republishing, creation
of derivative works from, distribution, performance, display,
incorporation into another web site, reproducing the Site (whether by
linking, framing or any other method), or in any other way exploiting
any of the Content, in whole or in part, or downloading and using
software repeatedly for uses other than those expressly permitted may
not be made without Motorola's prior express written consent. All
characters appearing in this work are fictitious. Any resemblance to
real persons, living or dead, is purely coincidental.
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To file a copyright infringement notification with Motorola, you will
need to send a written communication that includes substantially the
following [please consult your legal counsel or see Section 512(c)(3)
of the United States Digital Millennium Copyright Act (DMCA) for more
information on these requirements]:
i. A physical or electronic signature of a person authorized to
act on behalf of the owner of an exclusive right that is allegedly
infringed.
ii. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site.
iii. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity which you are
requesting be removed or access to which be disabled, and information
reasonably sufficient to permit Motorola to locate the material. Please provide a URL to the material that is claimed to be infringing as that will allow Motorola to locate the content.
iv. Information reasonably sufficient to permit Motorola to
contact the complaining party, such as an address, telephone number,
and, if available, an electronic mail address at which the complaining
party may be contacted.
v. A statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
Attn: Copyright Complaint Process - Office Location: W4-35M
Motorola, Inc.
600 North U.S. Highway 45
Libertyville, Illinois 60048
USA
Email: copyright@motorola.com
Fax: +1 847 523 0317
Please also note that under Section 512(f) any person who knowingly
materially misrepresents that material or activity is infringing may be
subject to liability..
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There are a number of proprietary logos, service marks, trademarks,
slogans and product designations found on this Site. By making them
available on this Site, Motorola is not granting you a license to use
them in any fashion. Access to this Site does not confer upon you any
license under any of Motorola's or any third party's intellectual
property rights.
MOTOROLA and the Stylized "M" Logo are registered in the U.S. Patent
& Trademark Office. All other product or service names are the
property of their respective owners. ©Motorola, Inc. 2008. Marks
owned by third parties include the following:
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Acrobat® and Acrobat Reader® are registered trademarks of Adobe Systems Incorporated.
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Advantage Camouflage® is a trademark of Advantage Camouflage, Inc.
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America Online, AOL®, AIM®, Buddy List®, Instant Messenger™,
the America Online & Design logo, the AOL & Design logo, and
the Triangle Logo, are registered trademarks of America Online, Inc. in
the United States and/or other countries.
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The Bluetooth® trademarks are owned by their proprietor and used by Motorola, Inc. under license.
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Dolby®, Dolby Digital, Dolby Surround®, Pro Logic® and the
double-D symbol are registered trademarks of Dolby Laboratories; Dolby
Digital is manufactured under license from Dolby Laboratories.
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DTS®, DTS Digital Sound® and DTS Digital Surround® are trademarks of Digital Theater Systems, Inc.
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Foundstone®, FoundScan™, FoundScore™, VulnTrak™, FoundSecure™, Ultimate Hacking™, SecureSolution™, and Free Tools™ are trademarks of Foundstone, Inc. FoundScan Patent Pending.
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Fonix® is a registered trademark of Fonix Corporation.
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Intel® is a trademark or registered trademark of Intel Corporation or its subsidiaries in the United States and other countries.
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Java™ Technology and/or J2ME™ and
all other Java-based marks are trademarks or registered trademarks of
Sun Microsystems, Inc. in the U.S. and other countries.
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LOONEY TUNES, characters, names, and all related indicia are trademarks of Warner Bros. ©2007.
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Macintosh®, Quicktime® and Quicktime logo are registered trademarks of Apple Computer, Inc.
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Microsoft®, Windows®, ActiveSync®, and Windows Media® are registered trademarks of Microsoft Corporation; and Windows XP™ and Windows Mobile™ are trademarks of Microsoft Corporation.
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The Motorola Proven Logo is owned by Motorola, Inc. and used under license.
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NFL and the NFL shield design are registered trademarks of the
National Football League. The team names, logos and uniform designs are
registered trademarks of the teams indicated.
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Netscape® is a registered trademark of Netscape Communication Corporation.
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Nuance® is a registered trademark of Nuance Communications.
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PICMG® and the PICMG logo (and/or CompactPCI® and the CompactPCI
logo, and/or AdvancedTCA® and the Advanced TCA logo) are registered
trademarks of the PCI Industrial Computer Manufacturers Group. ATCA™ and the ATCA logo are trademarks of the PCI Industrial Computer Manufacturers Group.
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The PowerPC® and PowerPC Logo® are trademarks of IBM Corp. and used under license.
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Slingpack™ is a trademark of GoNeo, LLC.
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TrueSync®, Starfish® and the Stylized Starfish Logo are registered
trademarks of Starfish Software, Inc., a wholly owned subsidiary of
Pumatech, Inc.
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UNIX® is a registered trademark of The Open Group in the United States and other countries.
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The W@P Certified™, W@P™ and WAP Forum™ marks are worldwide trademarks or registered trademarks of Wireless Application Protocol Forum Ltd.
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Wi-Fi CERTIFIED® and Wi-Fi ZONE™ are Certification Marks of the Wireless Fidelity Alliance, Inc.
LaserTouch™, Service from the Start™, SmartScan™, Symbol™, Symbol & Design, Symbol The Enterprise Mobility Company™ and SymbolCare™ are used under license from their owner.
No Motorola trademark or service mark may be used as a hyperlink without Motorola's prior written permission.
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For products containing MPEG-4 video functionality, please note such
products are licensed under the MPEG-4 Visual Patent Portfolio License
for the personal and non-commercial use of a consumer for (i) Encoding
video in compliance with the MPEG-4 video that was encoded by a
consumer engaged in a personal and non-commercial activity and/or was
obtained from a video provider licensed by MPEG LA to provide MPEG-4
video. No license is granted or shall be implied for any other use.
Additional information including that relating to promotional, internal
and commercial uses and licensing may be obtained from MPEG LA, LLC.
See http://www.mpegla.com.
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Although Motorola provides certain encryption in an effort to protect
the electronic transmission of credit card numbers or social security
numbers ("Financial Information") that you submit to Motorola through
the Site, Motorola does not guarantee the security of any information
transmitted to or from the Site. You understand and agree to assume the
security risk for any information you provide using the Site.
Other than the Financial Information, do not send any confidential
or proprietary information to Motorola through the Site. Except for the
Financial Information or personally identifiable information relative
to you, any information you do send to Motorola through the Site will
be deemed NOT to be confidential ("Non-Confidential Information"). For
any Non-Confidential Information you do send, post or submit you hereby
grant Motorola an unrestricted, royalty-free, irrevocable license to
use, reproduce, display, perform, modify, transmit and distribute the
Non-Confidential Information, and agree that Motorola is free to use
any ideas, concepts, know-how or techniques that you send Motorola for
any purpose whatsoever without compensation to you or any other person
sending the Non-Confidential Information, and you represent and warrant
that you own or otherwise control all of the rights to the
Non-Confidential Information and that public posting and use of your
content by Motorola will not infringe or violate the rights of any
third party. Your personally identifiable information you submit to us
shall be treated in accordance with our Privacy Statement.
You are prohibited from posting or transmitting to or from the Site
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material, or any other material
that could give rise to any civil or criminal liability under the law.
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There are two types of message boards hosted on Motorola’s web sites:
those that are monitored by Motorola and those that are not monitored.
Monitored message boards are moderated and messages are screened for
inappropriate content. Please refer to the relevant Motorola hosted web
site to determine which policy applies to a particular message board.
Please be advised that message board content is the sole responsibility
of the person supplying the content, and Motorola assumes no
responsibility to control such content. Opinions expressed on Motorola
message boards and in any corresponding comments are the personal
opinions of the original authors, and not necessarily that of Motorola.
Except for private message boards, which are governed under a separate
Non-disclosure Agreement, all messages posted or submitted to a message
board shall be treated as Non-confidential Information as outlined
above.
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Motorola's collection and use of personally identifiable information about you is subject to our Privacy Statement.
For more information, see our full privacy statement for this site by
selecting the link at the bottom of the page. This site is intended for
use by persons over the age of 13. Motorola does not seek to collect
information about children under the age of 13. No information should
be submitted to or posted on this web site by users under 13 years of
age. Motorola encourages parents to take an active role in their
children's use of the Internet, and to inform them of the potential
dangers of providing information about themselves over the Internet.
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If you choose to participate in a promotion or other Motorola-sponsored
activity ("Web Site Activity"), you agree to comply with any rules or
regulations governing such Web Site Activity. Additionally, as a
condition of your continued participation in the Web Site Activity, you
agree not to: 1) upload, post, email, transmit or otherwise make
available any content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable; 2) harm minors in any way; 3) impersonate any person or
entity or falsely state or otherwise misrepresent your affiliation with
a person or entity; 4) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content transmitted
through the Web Site Activity; 5) upload, post, email, transmit or
otherwise make available any content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or
under nondisclosure agreements); 6) upload, post, email, transmit or
otherwise make available any content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party; 7) upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation; 8) upload, post, email, transmit or otherwise make
available any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment; 9) interfere with or disrupt the service
or servers or networks connected to the service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the service; 10) "stalk" or otherwise harass another person or
entity; or 11) collect or store personal data about other users. You
agree that violation of any of the foregoing will result in your
immediate disqualification from participant in the Web Site Activity,
and may result in additional legal actions being taken by Motorola.
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This Site may provide links to other third-party World Wide web sites
or resources. Motorola makes no representations whatsoever about any
other web site which you may access through this Site. Because Motorola
has no control over such sites and resources, you acknowledge and agree
that Motorola is not responsible for the availability of such external
sites or resources and is not responsible or liable for any Content,
advertising, products, services or other materials on or available from
such sites or resources. It is up to you to take precautions to ensure
that whatever you select for your use is free of such items as viruses,
worms, trojan horses and other items of a destructive nature.
References on this Site to any names, marks, products or services of
any third parties or hypertext links to third party sites or
information are provided solely as a convenience to you, and do not
constitute or imply an endorsement, sponsorship or recommendation of,
or affiliation with the third party or its products and services.
Motorola makes no representation or warranty as to any third party
Content, products or services, and you agree that Motorola shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such third-party Content, products or services
available on or through any such site or resource.
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Notices to you may be made via either email or regular mail. Motorola
may also provide notices of changes to the Terms of Use or other
matters by displaying notices or links to notices to you generally on
the Site.
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MOTOROLA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR
RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING,
THE CONTENT OF THE SITE OR ANY OTHER web siteS LINKED TO OR FROM THE
SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE.
THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MOTOROLA DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM MOTOROLA SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY,
OR TO CREATE ANY WARRANTY.
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MOTOROLA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF
OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT
OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO
ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN
IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, MOTOROLA'S TOTAL LIABILITY
TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT
LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF
YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE
AMOUNT YOU PAID TO ACCESS THIS SITE.
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Motorola may modify, suspend, withdraw or discontinue, temporarily or
permanently, the Content, in whole or in part, at any time without
notice. You agree that Motorola shall not be liable to you or to any
third party for any modification, suspension, withdrawal or
discontinuance of the Content. Motorola may at any time revise these
web site Terms of Use by updating this posting. By using the Site, you
agree to be bound by any such revisions and you agree to periodically
visit this page to determine the then current web site Terms of Use to
which you are bound.
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You agree that Motorola, in its sole discretion, may terminate or
restrict your use or access to this Site (or any part thereof) for any
reason, including, without limitation, that Motorola believes you have
violated or acted inconsistently with the letter or spirit of these
Terms of Service, or the terms, conditions, or rules of a sweepstakes,
contest, or other promotion contained within the Site.
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The Terms of Use constitute the entire agreement between you and
Motorola and govern your use of the Site, superceding any prior
agreements between you and Motorola relating to your use of this site.
You may also be subject to additional terms and conditions that may
apply when you use purchase products or services, participate in a
sweepstakes, contest or other promotion, participate in a
Motorola-sponsored Developer Program or service, or use or download
software. If any provision of these web site Terms of Use is held to be
invalid by any law, rule, order or regulation of any government or by
the final determination of any state or federal court, such invalidity
shall not affect the enforceability of any other provision of the Terms
of Use. The failure of Motorola to exercise or enforce any right or
provision of the Terms of Use shall not constitute a waiver of such
right or provision. By accessing the Site you agree that the statutes
and laws of the united states and the state of Illinois, USA without
regard to conflicts of laws principles, will apply to all matters
relating to use of the site, and you agree that any litigation shall be
subject to the exclusive jurisdiction of the state or federal courts in
Illinois, USA. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use
of the Site, or the Terms of Use must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The
section titles in the Terms of Service are for convenience only and
have no legal or contractual effect.
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Please report any violations of these Terms of Use to Motorola at http://www.motorola.com/feedback.
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