IMPORTANT. Read this Motorola Development License Agreement before accepting the terms of this Agreement. By choosing to download the software, you indicate your acceptance of this Motorola Development License. Motorola Development License LIBMOTO MkLinux for PowerPC Version (a PowerPC microprocessor math library for the MkLinux Operating System) This is a legal agreement between you (either an individual or an entity) and Motorola. By choosing to download the software you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not click on the License Acceptance button and do not download the software. MOTOROLA LICENSE AGREEMENT 1. LICENSE GRANT. Motorola, Inc. ("Motorola") grants to you a non-transferable, non-exclusive, non-assignable, royalty-free, worldwide license, on the terms and conditions contained herein for the sole purpose of designing, developing, testing and marketing your PowerPC Architecture based software product(s), to (i) make a reasonable number of copies of the math library archive in object code format ("Libmoto") solely for your internal evaluation, examination, display and use on your development systems; (ii) link with, execute and test Libmoto for the sole purpose of creating your PowerPC Architecture based software product(s); (iii) distribute Libmoto to your end user customers for their internal use provided that you (a) distribute Libmoto only in conjunction with and as a part of your PowerPC Architecture based software product(s) -- such software must add significant and primary functionality to Libmoto and must be designed, developed and tested to operate in the MkLinux operating system environment; and (b) not permit further redistribution of Libmoto by your end-user customers; and (c) not use Motorola's or Motorola's licensor(s)' name, logo or trademarks to market your PowerPC Architecture based software product(s) unless you are otherwise licensed to do so; and (d) include a valid copyright notice on your PowerPC Architecture based software product(s); and (e) agree to indemnify, hold harmless, and defend Motorola from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your PowerPC Architecture based software product(s). (vi) (a) license distributors to distribute your PowerPC Architecture based software product(s) containing Libmoto to end user customers for their internal use, and (b) transfer your PowerPC Architecture based software product(s) containing Libmoto, to distributors. 1.1 The license granted to each distributor pursuant to point (vi) above shall contain all the material provisions of and in no event shall be less restrictive than this Agreement. Such license shall not allow any distributor to copy Libmoto. Other than the limited rights granted herein Licensee acquires no right, title or interest in or to Libmoto. Motorola reserves all rights not expressly granted. 2. COPYRIGHT. Libmoto is owned by Motorola and is protected by United States copyright laws and international treaty provisions. Therefore, you must treat Libmoto like any other copyrighted material (e.g., a book or musical recording). You may not use or copy Libmoto or any accompanying written materials for any other purpose than what is described in this Agreement. Except as provided herein, Motorola does not grant any express or implied right to you to or under Motorola patents, copyrights, trademarks, or trade secret information. 3. OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble Libmoto, except to the extent that the foregoing restriction is expressly prohibited by applicable law. 4. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) Libmoto to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. 5. SUPPORT. Motorola shall NOT be obligated under the terms of this Agreement to provide support, upgrades or new releases of Libmoto. LIMITED WARRANTY 6. NO WARRANTY. To the maximum extent permitted by applicable law, Motorola and Motorola's licensor(s) EXPRESSLY DISCLAIM ANY WARRANTY FOR LIBMOTO. Libmoto is provided "AS IS", without warranty of any kind, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. The entire risk arising out of the use or performance of Libmoto remains with you. 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law: IN NO EVENT SHALL MOTOROLA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ) ARISING OUT OF THE USE OF OR INABILITY TO USE LIBMOTO, EVEN IF MOTOROLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. U.S. GOVERNMENT RESTRICTED RIGHTS. Libmoto is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(l) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Motorola, Inc., 6501 William Cannon Drive West, Austin, TX, 78735. If you acquired this product in the United States, this Agreement is governed by the laws of the state of Illinois. If this product was acquired outside the United States, then local law may apply. If you acquired this product in Canada, this Agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.