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SECTION 6 . TERMS AND CONDITIONS <br />damages and, unless Licensee is a sovereign government entity, Motorola will have the <br />right to repossess all Radio Service Software and FLASHpoe Software in Licensee's <br />possession. Within thirty days after termination of Licensee's right to use any <br />Motorola Software, Licensee must certify in writing to Motorola that all copies of such <br />Motorola Software have been returned to Motorola or destroyed. <br />6.2.11 Section 11 Notices <br />All notices, consents, and waivers permitted or required under this Agreement will be <br />deemed given upon receipt and must be delivered in writing to the addresses at the top <br />of this Agreement and, if to Motorola, to the LMPS. Technical Assets Manager, Room <br />2305. Change of address must be in writing to the other party. <br />6.2.12 Section 12 General <br />A. COPYRIGHT NOTICES: The existence of a copyright notice on Motorola <br />Software will not be construed as an admission or presumption that public <br />disclosure of Motorola Software or any trade secrets associated with Motorola <br />Software has occurred, <br />B. NON-MOTOROLA SOFTWARE: Motorola may provide non -Motorola <br />software to Licensee under the terms of separate license agreements with the <br />owners of such software. Licensee will abide by the terms of these licenses. <br />C. CAUSES OF ACTION: Licensee must bring any action under this Agreement <br />within one year after the cause of action arises. <br />D. WAIVERS: No waiver of a right or remedy of a party will constitute a waiver <br />of another right or remedy of that party. <br />E. ASSIGNMENTS: Motorola may assign any of its rights or subcontract any of <br />its obligations under this Agreement, or encumber or sell any of its rights in any <br />Motorola Software, without prior notice to or consent of Licensee. <br />F. ENTIRE AGREEMENT AND AMENDMENT: This Agreement contains the <br />parties' entire agreement regarding Licensee's use of Motorola Software and <br />may be amended only in a writing signed by both parties, except that Motorola <br />may modify this Agreement as necessary to comply with applicable laws and <br />regulations including FCC regulations. <br />®MOTOROLA4 Confidential and Proprietary 6 `O` 16 <br />