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to Customer any warranties provided by such third parties, which warranties will apply for the <br />period defined by the applicable third party; and (c) for a period of ninety (90) days commencing <br />upon the delivery of Motorola -owned Licensed Software under Section 2.1 — Delivery and Risk <br />of Loss, Motorola represents and warrants that such Licensed Software, when used in <br />accordance with the Documentation and the Agreement, will be free from reproducible defects <br />that prevent operation of features critical to the primary functionality or successful operation of <br />the Motorola -developed Licensed Software (as determined by Motorola). The warranty set forth <br />in subsection (c) will be referred to as the "Motorola Licensed Software Warranty". As <br />Customer's sole and exclusive remedy for any breach of the Motorola Licensed Software <br />Warranty, Motorola will use commercially reasonable efforts to remedy the material defect in the <br />applicable Licensed Software; provided, however, that if Motorola does not remedy such material <br />defect within a reasonable time, then at Motorola's sole option, Motorola will either replace the <br />defective Licensed Software with functionally -equivalent software, provide substitute software to <br />Customer, or terminate the applicable software license and refund any paid license fees to <br />Customer on a pro-rata basis. For clarity, the Motorola Licensed Software Warranty applies only <br />to the most current version of the Licensed Software issued by Motorola, and issuance of updated <br />versions of any Licensed Software does not result in a renewal or extension of the Motorola <br />Licensed Software Warranty beyond the ninety (90) day warranty period. <br />6.2. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES <br />SET FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT <br />TO THE CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) DEFECTS IN OR <br />DAMAGE TO PRODUCTS RESULTING FROM USE OTHER THAN IN THE NORMAL <br />AUTHORIZED MANNER, OR FROM ACCIDENT, LIQUIDS, OR NEGLECT; (B) TESTING, <br />MAINTENANCE, REPAIR, INSTALLATION, OR MODIFICATION BY PARTIES OTHER THAN <br />MOTOROLA; (C) CUSTOMER'S OR ANY AUTHORIZED USER'S FAILURE TO COMPLY WITH <br />INDUSTRY AND OSHA OR OTHER LEGAL STANDARDS; (D) DAMAGE TO RADIO <br />ANTENNAS, UNLESS CAUSED BY DEFECTS IN MATERIAL OR WORKMANSHIP; (E) <br />EQUIPMENT WITH NO SERIAL NUMBER; (F) BATTERIES OR CONSUMABLES; (G) FREIGHT <br />COSTS FOR SHIPMENT TO REPAIR DEPOTS; (H) COSMETIC DAMAGE THAT DOES NOT <br />AFFECT OPERATION; (1) NORMAL WEAR AND TEAR; (J) ISSUES OR OBSOLESCENCE OF <br />LICENSED SOFTWARE DUE TO CHANGES IN CUSTOMER OR AUTHORIZED USER <br />REQUIREMENTS, EQUIPMENT, OR SYSTEMS; (K) TRACKING AND LOCATION -BASED <br />SERVICES; OR (L) BETA SERVICES. <br />6.3. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the <br />purchase price for the disclaimed or excluded issues in the MCA or Section 6.2 — Additional <br />Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, <br />Customer will reimburse Motorola for its reasonable time and expenses, including by paying <br />Motorola any Fees set forth in an Ordering Document for such Services, if applicable. <br />7. Copyright Notices. The existence of a copyright notice on any Licensed Software will not <br />be construed as an admission or presumption of publication of the Licensed Software or public <br />disclosure of any trade secrets associated with the Licensed Software. <br />8. Survival. The following provisions will survive the expiration or termination of this EPSLA <br />for any reason: Section 3 — Licensed Software License and Restrictions; Section 4 — Term; <br />Section 5 — Payment; Section 6.2 — Additional Exclusions; Section 8 — Survival. <br />Equipment Purchase and Software 4 <br />License Addendum V.2023.02.20 <br />