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Section $ Taxes <br /> <br /> Customer is responsible for all taxes due as a result of this Agreement, if any, other <br /> than taxes based on Motorola's income; if Customer is a tax-exempt entity, upon <br /> execution of this Agreement, Customer must provide Motorola with tax exemption <br /> certificates from the appropriate tax authorities. <br /> <br />Section 6 Excluded Services <br /> <br /> The Sol°avare Subscription Program does not include repair or replacement of <br /> hardware or software defects not corrected by the Enhancement Releases and Core <br /> Releases nor does it include repair or replacement of defects resulting from any <br /> nonstandard or improper use or conditions or fi'om unauthorized installation of <br /> Motorola software. <br /> <br />Section 7 Ownership and Use of Software <br /> <br /> All rights and title to Motorola software furnished to Customer under this Agreement <br /> remains vested exclusively in Motorola. Customer's use of such Motorola sofavare is <br /> subject to the terms of the Motorola solT~vare license agreement executed by Customer <br /> or, if no such agreement has been executed, Motorola's standard software license <br /> terms apply, which will be sent to Customer upon written request. <br /> <br />Section 8 Default <br /> <br /> Motorola at any time may suspend subscription services or terminate this Agreement <br /> if (a) Customer fails to pay any fees within thirty days after such fees are due, (b) <br /> Customer fails to correct a breach of this Agreement within thirty days after notice <br /> from Motorola of such breach, (c) Customer's right to use Motorola software under a <br /> Motorola software license agreement expires or is terminated, or (d) Customer <br /> replaces its Motorola communication system with a non-Motorola communication <br /> system. Upon such termination, any unpaid Software Subscription Program fees will <br /> become immediately due and payable. <br /> <br />Section 9 Limitation of Liabili~ <br /> <br /> MOTOROLA'S TOTAL LIABILITY ARISING FROM THIS AGREEMENT WILL <br /> BE LIMITED TO THE AGGREGATE AMOUNT OF SOFTWARE <br /> SUBSCRIPTION PROGRAM FEES PAID TO MOTOROLA BY CUSTOMER. IN <br /> NO EVENT WILL MOTOROLA BE LIABLE FOR SPECIAL, INCIDENTAL, OR <br /> CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF <br /> SUCH DAMAGES. <br /> <br /> 35 <br /> <br /> <br />