ATTENTION: READ CAREFULLY BEFORE YOU USE THE MOTOROLA EXPERIENCES.
LEGAL NOTICE: BY USING THE MOTOROLA EXPERIENCES, YOU AGREE THAT:
- YOU HAVE READ AND AGREED TO ALL THE TERMS OF THIS AGREEMENT.
- YOU ARE A PARTY TO AND CONSENT TO BE BOUND BY THIS AGREEMENT.
- YOU AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT WITHOUT MODIFICATION.
1. OWNERSHIP AND LICENSE.
As between you and Motorola, you own:
- Motorola-branded physical products that you have purchased, like smartphones, tablets, and other mobile devices.
- Any other hardware that you use to access and use the Motorola Experiences
- User-generated content like photos, music, videos, and third-party applications you may install on your Motorola products.
As between you and Motorola, we own:
- Applications, software, and services that we have developed and made available for your use.
- Websites you may use to access certain Motorola Experiences and all content published on them.
- The name “Motorola”and any other logos, names, and other marks used to identify the Motorola Experiences.
The Motorola Experiences are protected by United States and international laws and treaties protecting patents, trademarks, copyrights, and other intellectual property. Subject to applicable laws and the rights granted to you under this agreement, the Motorola Experiences consist of Motorola’s proprietary information. This agreement gives you no rights other than those stated in its terms. Your license will automatically terminate if you use the Motorola Experiences in any manner that violates this agreement, any applicable law, or any rights of Motorola or its licensors. We reserve the right to use any lawful means to prevent unauthorized use of the Motorola Experiences, such as technological barriers, IP mapping, and contacting your Internet Service Provider or wireless carrier.
Except as described in this agreement you do not own the Motorola Experiences, but only have a limited, non-exclusive, revocable license to use the Motorola experiences as permitted by this agreement.
The U.S. Government acknowledges Motorola’s representation that the Motorola Experiences and its documentation were developed at private expense and no part of them is in the public domain and that the the software components of the Motorola Experiences are Restricted Computer Software as the term is defined in Clause 52.227-19(FAR) and is Commercial Computer Software as that term is defined in Subpart 227-471 (DFARS).
Where applicable, use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights of Technical Data and Computer Software clause as DFARS 252.227-7013. Contractor/manufacturer is Motorola Mobility Inc., 600 North U.S. Highway 45, Libertyville, IL 60048.
2. CHANGES TO MOTOROLA EXPERIENCES.
We may update, modify, enhance, suspend, or discontinue Motorola Experiences at any time including, without limitation, automatically delivering new versions or features to your Motorola products, applications, software and services when they become available.
3. PERMITTED AND PROHIBITED USES.
You may use Motorola Experiences provided to you under license solely as provided to you and without modification.
You may not use the Motorola Experiences provided to you under license:
- In any way that violates any applicable law.
- To create any information that contains computer viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
- In a manner that could damage, disable, overburden, disrupt or impair the service or any Motorola-owned network or system.
- To interfere with anyone else’s ability to lawfully access and use the Motorola Experiences.
- To access any communications, content, or other information to which you do not have rights.
- To install, copy, modify, or distribute the Motorola Experiences (electronically or otherwise) on your computers or mobile devices, or make any copies, adaptations, derivative works, transcriptions, or merge any portion thereof, except as installed by their automated installation functions.
- To decompile, disassemble, de-crypt, reverse engineer, translate, or otherwise attempt to derive the source code of the Motorola Experiences or otherwise alter the Motorola Experiences.
- Use the Motorola Experiences to provide services to third parties.
4. RESPONSIBILITY FOR USE.
You are responsible for your own use of the Motorola Experiences and all information that you associate with them. We expressly disclaim all responsibility for and all warranties (express or implied) related to the accuracy, completeness, safety, reliability, or lawfulness of information provided by the Motorola Experiences. By using the Motorola Experiences, you acknowledge that your use of the Motorola Experiences is at your own risk.
Your license to use the Motorola Experiences terminates automatically and retroactively if you are under the legal age of majority for your country of residence and do not have the permission of your parent or legal guardian to use the Motorola Experiences, or if your use of the the Motorola Experiences has previously been suspended or prohibited. BY DOWNLOADING, INSTALLING OR OTHERWISE USING the Motorola Experiences, YOU REPRESENT THAT YOU ARE OF LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE OR THAT YOU HAVE YOUR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO USE the Motorola Experiences, AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR PROHIBITED FROM USING the Motorola Experiences.
6. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED TO THE CONTRARY IN THIS AGREEMENT OR A SEPARATE WARRANTY AGREEMENT, WE PROVIDE THE MOTOROLA EXPERIENCES "AS-IS" WITHOUT WARRANTY OF ANY KIND. WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND, WHERE NOT EXPRESSLY STATED TO THE CONTRARY, NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOTOROLA, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LESSER OF (A) NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE MOTOROLA EXPERIENCES OR (B) MINIMUM PERMITTED BY YOUR JURISDICTION. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. YOUR USE OF THE MOTOROLA EXPERIENCES DOES NOT, IN ANY WAY WHATSOEVER, EXTEND ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES THAT APPLY TO MOTOROLA PRODUCTS LIKE SMARTPHONES, TABLETS, OR OTHER MOBILE DEVICES. By using the Motorola Experiences, you agree that, to the extent permitted by law, we will have no liability for any special, indirect, or consequential damages that you may sustain from your use of the Motorola Experiences, whether due to loss of data or profits, negligence, or breach of contract. To the extent permitted by law, you assume all risks concerning the suitability and accuracy of the information that you send or receive using the Motorola Experiences. The Motorola Experiences may contain technical inaccuracies or typographical errors. We assume no responsibility for any such inaccuracies, errors, or omissions associated with the Motorola Experiences. The Motorola Experiences do not guarantee your safety. We make no claim that the Motorola Experiences will work effectively in case of an emergency. The Motorola Experiences are not a replacement for any current emergency, automated emergency or other emergency system, hardware or software. The Motorola Experiences are not fault-tolerant and are not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance where a failure of the Motorola Experiences could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). You agree that we will not be responsible for any injury, environmental damage, or property damage arising out of your use of the Motorola Experiences in High Risk Activities. Motorola will not be responsible for the actions of any individual or any accident that results while using or attempting to use the Motorola Experiences. FAILURE OF THE MOTOROLA EXPERIENCES DOES NOT CONSTITUTE AN OPPORTUNITY TO HOLD MOTOROLA LIABLE FOR ANY DAMAGES. YOU AND YOU ALONE ARE RESPONSIBLE FOR THE CONSEQUENCES OF USING THE MOTOROLA EXPERIENCES.
You agree to indemnify, defend, and hold harmless Motorola and its affiliates, officers, agents, co-branders, partners, and employees from any third party claim or demand (including but not limited to damages, litigation costs, and reasonable attorney’s fees) that relates to your use of the Motorola Experiences or your violation of this agreement. We reserve the right to assume the exclusive defense and control of any dispute in which you must indemnify us, and you agree to cooperate with our defense and settlement of these claims. We will use reasonable efforts to notify you of any such disputes once we become aware of them.
8. TERM AND TERMINATION.
MOTOROLA and the Stylized M Logo are registered trademarks of Motorola Trademark Holdings, LLC. All other product or service names are the property of their respective owners. You may not alter, obscure, or render unclear any trademark, logo, or other notice that indicates the rights of Motorola or our licensors and suppliers, whether built into the Motorola Experiences, printed on packaging or promotional material, published online, or otherwise. OTHER THAN THE WARRANTIES WE LIST IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOTOROLA AND THE DEVICE MANUFACTURERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING ANY DEVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to this agreement or the Motorola Experiences. Such notices will be effective upon our posting them to our website, installation or use of any updates to the Motorola Experiences, or our delivery of a notice to you by email, postal mail, on your device or other means as required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you. You consent to receiving any notices regarding the agreement or any notice required by law, including notice of a breach of security involving your personally identifiable information, through an email message or other electronic communication including on or through your device.
11. GENERAL INFORMATION .