Please read these terms of use carefully before using this site. If you do not agree to these terms, please do not use the site.
Intended Audience/Use:
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.
Acceptance Of Terms:
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.
Restrictions On Use Of Content:
© Copyright 1994-2004 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.
Trademarks And Service Marks:
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 US Patent & Trademark Office. All other product or
service names are the property of their respective owners.
Marks owned by third parties include the following:
- Acrobat® and Acrobat Reader® are registered trademarks
of Adobe Systems Incorporated.
- Advantage Camouflage® is a trademark of Advantage
Camouflage, Inc.
- The Bluetooth® trademarks are owned by their proprietor and
used by Motorola, Inc. under license.
- 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.
- DTS®, DTS Digital Sound® and DTS Digital Surround®
are trademarks of Digital Theater Systems, Inc.
- FoundScan™ logo and Foundstone® name
are trademarks of Foundstone, Inc. FoundScan Patent Pending.
- Fonix® is a registered trademark of Fonix Corporation.
- Java™ and all other Java-based marks
are trademarks or registered trademarks of Sun Microsystems,
Inc. in the U.S. and other countries.
For Use In Europe Only:
- LOONEY TUNES, characters,
names, and all related indicia are trademarks of Warner Bros.
© 2003.
- Macintosh®, Quicktime® and Quicktime logo are registered
trademarks of Apple Computer, Inc.
- Microsoft®, Windows® and Windows Me® are registered
trademarks of Microsoft Corporation; and Windows XPTM
is a trademark of Microsoft Corporation.
- NFL and the NFL shield design are registered trademarks of the
National Football League. ® 2003 NFL Enterprises, L.P. The
team names, logos and uniform designs are registered trademarks
of the teams indicated.
- Netscape® is a registered trademark of Netscape Communication
Corporation.
- Nuance® is a registered trademark of Nuance Communications.
- PICMG®, CompactPCI® and the PICMG and CompactPCI logos
are registered trademarks of the PCI Industrial Computer Manufacturers
Group.
- The PowerPC® and PowerPC Logo® are trademarks of IBM
Corp. and used under license.
- Slingpack™ is a trademark of GoNeo,
LLC.
- Sidekick®, Starfish® and the Stylized Starfish Logo are registered
trademarks of Starfish Software, Inc., a wholly owned independent
subsidiary of Motorola, Inc.
- UNIX® is a registered trademark of The Open Group
in the United States and other countries.
- The W@P Certified™, W@P™ and
WAP Forum™ marks are worldwide trademarks or registered
trademarks of Wireless Application Protocol Forum Ltd.
- Wi-Fi CERTIFIED® and Wi-Fi ZONE™ are Certification
Marks of the Wireless Fidelity Alliance, Inc.
No Motorola trademark or service mark may be used
as a hyperlink without Motorola's prior written permission.
Submission Of Information:
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, 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. Your personally identifiable information you
submit to us shall be treated in accordance with our Privacy
Policy.
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.
Motorola Privacy Policy:
Motorola's collection and use of personally identifiable
information about you is subject to our Privacy Policy. For
more information, see our full privacy policy for this site
by clicking 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.
Participation In Promotions And Other Site Activities:
If you choose to participate in a promotion or other
Motorola-sponsored activity ("Website Activity"), you agree
to comply with any rules or regulations governing such Website
Activity. Additionally, as a condition of your continued participation
in the Website 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 Website 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 Website Activity, and may result in
additional legal actions being taken by Motorola.
Links To Third Party Web Sites:
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.
Notices:
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.
Disclaimer Of Warranty:
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.
Limitation Of Liability:
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.
Revisions:
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.
Termination:
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.
General Information:
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.
Violations:
Please report any violations of these Terms of Use
to Motorola at http://www.motorola.com/feedback.
