Important Note of Modifications

 

Intentional or unintentional changes or modifications to the equipment must not be made unless under the express consent of the party responsible for compliance. Any such modifications could void the user’s authority to operate the equipment and will void the manufacturer’s warranty.

 

National and Regional Regulatory Notices

 

U.S. Federal Communications Commission (FCC) Notifications 

 

This device complies with part 15 of the US FCC Rules and Regulations. Operation is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) This device must accept any interference received, including interference that may cause undesired operation.

 

This equipment has been tested and found to comply with the limits for a Class B digital device, pursuant to Part 15 of the US FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses, and can radiate radio-frequency energy and, if not installed and used in accordance with these instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment on and off, the user is encouraged to correct the interference by one or more of the following measures:

 

• Reorient or relocate the receiving antenna;

• Increase the separation between the affected equipment and the unit;

• Connect the affected equipment to a power outlet on a different circuit from that which the receiver is connected to;

• Consult the dealer and/or experienced radio/TV technician for help.

 

FCC RF Radiation Exposure Statement  

 

This equipment complies with FCC RF radiation exposure limits set forth for an uncontrolled environment. This equipment should be installed and operated with a minimum distance of 20 centimeters between the radiator and your body.  

 

Note: The manufacturer is not responsible for any radio or TV interference caused by unauthorized modifications to this equipment. Such modifications could void the user’s authority to operate the equipment.

 

Software License Terms and Conditions

 

ONLY OPEN THE PACKAGE, OR USE THE SOFTWARE AND RELATED PRODUCT IF YOU ACCEPT THE TERMS OF THIS LICENSE. BY BREAKING THE SEAL ON THIS DISK KIT /CDROM, OR IF YOU USE THE SOFTWARE OR RELATED PRODUCT, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE OR RELATED PRODUCT; INSTEAD, RETURN THE SOFTWARE TO PLACE OF PURCHASE FOR A FULL REFUND. THE FOLLOWING AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY), AND JETLUN CORPORATION (FOR ITSELF AND ITS LICENSORS). THE RIGHT TO USE THIS PRODUCT IS LICENSED ONLY ON THE CONDITION THAT YOU AGREE TO THE FOLLOWING TERMS.

 

Now, therefore, in consideration of the promises and mutual obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, you and Jetlun agree as follows:

 

Grant of License. Subject to the following terms and conditions, Jetlun Corporation, grants to you a personal, revocable, non-assignable, non-transferable, non-exclusive and limited license to use on a single piece of equipment only one copy of the software contained on this disk (which may have been pre-loaded on the equipment)(Software). You may make two copies of the Software, but only for backup, archival, or disaster recovery purposes. On any copy you make of the Software, you must reproduce and include the copyright and other proprietary rights notice contained on the copy we

have furnished you of the Software.

 

Ownership. Jetlun retains all title, ownership and intellectual property rights to the Software and any copies, including translations, compilations, derivative works (including images) partial copies and portions of updated works. The Software is Jetlun’s confidential proprietary information. This Software License Agreement does not convey to you any interest in or to the Software, but only a limited right of use. You agree not to disclose it or make it available to anyone without Jetlun’s written authorization. You will exercise no less than reasonable care to protect the Software from unauthorized disclosure. You agree not to disassemble, decompile or reverse engineer, or create

derivative works of the Software, except and only to the extent that such activity is expressly permitted by applicable law.

 

Termination. This License is effective until terminated. This License will terminate immediately without notice from Jetlun or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and the sections entitled Limited Warranty, Limitation of Remedies and Damages, and General will survive any termination.

 

Limited Warranty. Jetlun warrants for a period of ninety (90) days from Jetlun’s shipment of the Software to you that (i) the disk(s) on which the Software is recorded will

be free from defects in materials and workmanship under normal use and (ii) the Software, under normal use, will perform substantially in accordance with Jetlun’s published specifications for that release level of the Software. The written materials are provided "AS IS" and without warranty of any kind. Jetlun’s entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Jetun’s option, replacement of the disk(s), provision of downloadable patch or replacement code, or refund of the unused portion of your bargained for contractual benefit up to the amount paid for this Software License.

 

THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY JETLUN, AND

ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. JETLUN DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN REPRESENTATIONS MADE BY MOTOROLA OR AN AGENT THEREOF SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. JETLUN DOES NOT WARRANT ANY SOFTWARE THAT HAS BEEN OPERATED IN EXCESS OF SPECIFICATIONS, DAMAGED, MISUSED, NEGLECTED, OR IMPROPERLY INSTALLED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, IN NO EVENT SHALL JETLUN OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Motorola or a Motorola representative has been advised of the possibility of such damage. Motorola's liability to you for direct damages for any cause whatsoever, regardless of the basis of the form of the action, will be limited to the price paid for the Software that caused the damages. THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Maintenance and Support. Jetlun shall not be responsible for maintenance or support of the software. By accepting the license granted under this agreement, you agree that Jetlun will be under no obligation to provide any support, maintenance or service in connection with the Software or any application developed by you. Any maintenance and support of the Related Product will be provided under the terms of the agreement for the Related Product.

 

Transfer. In the case of software designed to operate on Jetlun equipment, you may not transfer the Software to another party except: (1) if you are an end-user, when you are transferring the Software together with the Jetlun equipment on which it operates; or 2) if you are a Jetlun licensed distributor, when you are transferring the Software either together with such Jetlun equipment or are transferring the Software as a licensed duly paid for upgrade, update, patch, new release, enhancement or replacement of a prior version of the Software. If you are a Jetlun licensed distributor, when you are transferring the Software as permitted herein, you agree to transfer the Software with a license agreement having terms and conditions no less restrictive than those contained herein. You may transfer all other Software, not otherwise having an agreed restriction on transfer, to another party. However, all such transfers of Software are strictly subject to the conditions precedent that the other party agrees to accept the terms and conditions of this License, and you destroy any copy of the Software you do not transfer to that party. You may not sublicense or otherwise transfer, rent or lease the Software without our written consent. You may not transfer the Software in violation of any laws, regulations, export controls or economic sanctions imposed by the US Government.

 

Right to Audit. Jetlun shall have the right to audit annually, upon reasonable advance notice and during normal business hours, your records and accounts to determine compliance with the terms of this Agreement.

 

Export Controls. You specifically acknowledge that the software may be subject to United States and other country export control laws. You shall comply strictly with all requirements of all applicable export control laws and regulations with respect to all such software and materials.

 

US Government Users. If you are a US Government user, then the Software is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52 227-19 or subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, as applicable.

 

Disputes. You and Jetlun hereby agree that any dispute, controversy or claim, except for any dispute, controversy or claim involving intellectual property, prior to initiation of any formal legal process, will be submitted for non-binding mediation, prior to initiation of any formal legal process. Cost of mediation will be shared equally. Nothing in this Section will prevent either party from resorting to judicial proceedings, if (i) good faith efforts to resolve the dispute under these procedures have been unsuccessful, (ii) the dispute, claim or controversy involves intellectual property, or (iii) interim relief from a court is necessary to prevent serious and irreparable injury to that party or to others.

 

General. California law governs this license. The terms of this license are supplemental to any written agreement executed by both parties regarding this subject and the Software Jetlun is to license you under it, and supersedes all previous oral or written communications between us regarding the subject except for such executed agreement. It may not be modified or waived except in writing and signed by an officer or other authorized representative of each party. If any provision is held invalid, all other provisions shall remain valid, unless such invalidity would frustrate the purpose of our agreement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent action in the event of future breaches.

 

Hardware Warranty in U.S.

 

Jetlun offers a warranty covering a period of one year from the date of purchase by the

customer. If a product is found defective during the warranty period, Jetlun will repair or replace the product with the same or a similar model, which may be a reconditioned unit, without charge for parts or labor. For further warranty information, please refer to the warranty card included with your product.

 

Limit of Liability

 

IN NO EVENT SHALL JETLUN BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGE ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, OR FROM ANY BREACH OF WARRANTY, EVEN IF JETLUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.) IN NO CASE SHALL JETLUN’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.

 

Intellectual Property License

 

This product employs or practices certain features and/or methods of one or more of the following patents: U.S. Patent No. 7103511, 6914893, 6891838, 5713931, 6223327, 7397907, 6618578, 7079810, 7295128, 7263073, 7480501, 6437692, 7468661, 7053767,7605425, 7739378, and 7697492.