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Operator. In the event that the Mobile Operator permits such
transfer, you may permanently transfer all of your rights under this
EULA only as part of a sale or transfer of the DEVICE, provided you
retain no copies, you transfer all of the SOFTWARE (including all
component parts, the media and printed materials, any upgrades
or backup copies, this EULA and, if applicable, the Certificate(s) of
Authenticity), and the recipient agrees to the terms of this EULA. If
the Software is an upgrade, any transfer must include all prior
versions of the SOFTWARE.
8. Termination. Without prejudice to any other rights, Motorola or
Microsoft may terminate this EULA if you fail to comply with the
terms and conditions of this EULA. In such event, you must destroy
all copies of the SOFTWARE and all of its component parts.
9. Security Updates. The SOFTWARE may include digital rights
management technology. If SOFTWARE does contain digital rights
management technology, content providers are using the digital
rights management technology (“Microsoft DRM”) contained in
the SOFTWARE to protect the integrity of their content (“Secure
Content”) so that their intellectual property, including copyright, in
such content is not misappropriated. Owners of such Secure
Content (“Secure Content Owners”) may, from time to time,
request Microsoft, Microsoft Corporation or their subsidiaries to
provide security related updates to the Microsoft DRM
components of the SOFTWARE (“Security Updates”) that may
affect your ability to copy, display and/or play Secure Content
through Microsoft software or third party applications that utilize
Microsoft DRM. You therefore agree that, if you elect to download
a license from the Internet which enables your use of Secure
Content, Microsoft Corporation or their subsidiaries may, in
conjunction with such license, also download onto your DEVICE
such Security Updates that a Secure Content Owner has requested
that Microsoft, Microsoft Corporation or their subsidiaries
distribute. Microsoft, Microsoft Corporation or their subsidiaries
will not retrieve any personally identifiable information, or any
other information, from your DEVICE by downloading such Security
Updates.
10. Consent to Use of Data. You agree that Microsoft, Microsoft
Corporation and their affiliates may collect and use technical
information gathered in any manner as part of product support
services related to the SOFTWARE. Microsoft, Microsoft
Corporation and their affiliates may use this information solely to
improve their products or to provide customized services or
technologies to you. Microsoft, Microsoft Corporation and their
affiliates may disclose this information to others, but not in a form
that personally identifies you.
11. Internet Gaming/Update Features. If the SOFTWARE provides,
and you choose to utilize, the Internet gaming or update features
within the SOFTWARE, it is necessary to use certain computer
system, hardware, and software information to implement the
features. By using these features, you explicitly authorize
Microsoft, Microsoft Corporation and/or their designated agent to
use this information solely to improve their products or to provide
customized services or technologies to you. Microsoft or Microsoft
Corporation may disclose this information to others, but not in a
form that personally identifies you.