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IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A <br />PARTICULAR PURPOSE. <br /> <br />SECTION 8 LIMITATION OF LIABILITY <br /> <br />IN NO EVENT WILL MOTOROLA BE LIABLE FOR INCIDENTAL OR <br />CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH <br />DAMAGES. <br /> <br />SECTION 9 TERM AND TERMINATION <br /> <br />Licensee's fight to use Motorola Software will begin when Licensee sends a duly executed <br />copy of this Agreement to Motorola, and either (a) Motorola returns a fully executed <br />Agreement to Licensee or (b) Motorola ships Motorola Soi~ware or a Product containing <br />Motorola Soft-ware to Licensee, and will continue in perpetuity unless terminated as follows. <br />Licensee's right to use Motorola Soi~vare will terminate without notice upon a breach of this <br />Agreement by Licensee. In addition, if Licensee breaches this Agreement with respect to <br />Radio Service Software or FLASHpo~t® Soi~vare, Motorola may, by notice to Licensee, <br />terminate Licensee's right to use such Motorola Soi~vare. Upon termination, Motorola will be <br />entitled to immediate injunctive reiief without proving damages and, unless Licensee is a <br />sovereign government entity, Motorola will have the right to repossess all Radio Service <br />Software and FLASHport® Software in Licensee's possession. Within thirty days after <br />termination of Licensee's right to use any Motorola Software, Licensee must certify in writing <br />to Motorola that all copies of such Motorola Software have been returned to Motorola or <br />destroyed. <br /> <br />SECTION 10 NOTICES <br /> <br />All notices, consents, and waivers permitted or required under this A,~'eement will be deemed <br />g~ven upon receipt and must be delivered in writing to the below addresses. Change of <br />address must be in writing to the other party. <br /> <br />Customer Motorola, Inc. <br />Attn: Stephen Boles Arm: Contract and Compliance Manager <br />455 County Center, Fifth Floor 9980 Carroll Canyon Road <br />Redwood City, CA 94063 San Diego, CA 9.~ ~ 31 <br /> <br />SECTION 11 GENERAL <br /> <br /> A. COPYRIGHT NOTICES. The existence ora copyright notice on Motorola Software <br /> will not be construed as an admission or presumption that public disclosure of Motorola <br /> Software or any trade secrets associated with Motorola Software has occurred. <br /> <br /> <br />