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SECTION 6 .• TERMS AND CONDITIONS <br />Acceptance the System Functionality Warranty expires. Immediately thereafter, <br />the Equipment and Motorola Software is warranted for a period of one (1) year <br />after System Acceptance in accordance with the applicable limited warranties <br />shown below, but in no event longer than eighteen (18) months after the <br />Equipment is shipped from Motorola ("Warranty Period"). Unless otherwise <br />specified in writing, the warranty period for non -Motorola manufactured <br />Equipment will be as specified by its manufacturer. <br />B. System Functionality Warrant. Motorola warrants that the Communications <br />System will perform in accordance with the Motorola performance <br />specifications included in Exhibit B. System Acceptance will constitute full <br />compliance with and fulfillment of the System Functionality Warranty. <br />C. Equipment Warrant . The Equipment is warranted to be free from defects in <br />materials and worlonanship throughout the Warranty Period. Motorola, at its <br />option and expense, will repair or replace defective Equipment, or refund the <br />purchase price thereof, and such action on the part of Motorola shall be the full <br />extent of Motorola's liability hereunder. <br />The Equipment Warranty does not cover Software defects, Equipment defects <br />caused by any equipment, software, products, elements or components not <br />supplied by Motorola under this Agreement, nor does it cover Equipment that <br />has been subject to misuse, accident, neglect, damage, or unauthorized <br />alterations or repairs. Batteries are excluded but carry their own separate <br />limited warranty. <br />D. Motorola Software Warranty: Motorola Software is warranted in accordance <br />with the terms of the Software License Agreement attached as Exhibit A. <br />E. THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION OF THIS <br />AGREEMENT ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, <br />EXPRESS OR IMPLIED, WHICH ARE SPECIFICALLY EXCLUDED <br />INCLUDING, WITHOUT LIMITATION, THE "LIED WARRANTIES <br />OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br />PURPOSE. <br />8.1.10 Section 10 FCC licenses and Authorizations <br />Customer agrees to obtain all Federal Communications Commission ("FCC") licenses <br />and authorizations required for installation and use of the Communications System <br />prior to the scheduled installation of the Equipment. Although Motorola may assist in <br />the preparation of license applications, in no event will Motorola or any of its <br />M MOTOROLA Confidential and Proprietary *:• 6 <br />