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labeling in effect for the Equipment at the time the Equipment was <br /> initially distributed from Motorola. <br /> j) Scratches or other cosmetic damage to Equipment surfaces, that in the <br /> reasonable judgment of Customer, does not affect the operation of the <br /> Equipment. <br /> k) Software. <br /> 1) Normal and customary wear and tear. <br /> <br /> D. All Equipment shall be new and unused, of the manufacturer's latest design, <br /> recently manufactured, and without defects in operation or appearance, except <br /> that Motorola makes no warranties as to raw materials or scratches or other <br /> cosmetic damage to Equipment surfaces that does not affect the operation of the <br /> Equipment. <br /> <br /> E. MOTOROLA SOFTWARE WARRANTY. Motorola Software is warranted in <br /> accordance with the terms of the Software License Agreement attached as Exhibit <br /> A. <br /> <br /> F. These express limited warranties as set forth in this Section are extended by <br /> Motorola to the original end user purchasing or leasing the System for <br /> commercial, industrial, or governmental use only, and is not assignable or <br /> transferable. These are the complete warr. anties for the Equipment and Software <br /> provided pursuant to this Agreement. <br /> <br /> G. THESE v. M~RANTIES A RE GIVEN IN LIEU OF ALL OTHER <br /> WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR <br /> CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED <br /> WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS <br /> FOR A PARTICULAR PURPOSE. IN NO EVENT WILL MOTOROLA BE <br /> LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE. IN NO <br /> EVENT WILL MOTOROLA BE LIABLE FOR ANY LOSS OF USE, LOSS OF <br /> TIME, INCONVENIENCE, COMMERCIAL LOSS, LOST PROFITS OR <br /> SAVINGS OR OTHER INCIDENTAL, SPECIAL, INDIRECT OR <br /> CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY <br /> TO USE THE EQUIPMENT, TO THE FULL EXTENT SUCH MAY BE <br /> DISCLAIMED BY LAW. <br /> <br />SECTION 10 FCC LICENSES AND AUTHORIZATIONS <br /> <br /> Customer agrees to obtain all Federal Communications Commission ("FCC") licenses <br /> and authorizations required for installation and use of the Communications System prior <br /> to the scheduled installation of the Equipment. Although Motorola may assist in the <br /> preparation of license applications, in no event will Motorola or any of its employees be <br /> an agent or representative of Customer in FCC matters. Customer is solely responsible <br /> for obtaining all FCC licenses and for complying with FCC rules. <br /> <br /> 10 <br /> <br /> <br />