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83 Licensee acknowledges that Motorola made a considerable investment of resources in the <br />development, marketing, and distribution of the Software and Documentation and that Licensee's breach <br />of this Agreement will result in irreparable harm to Motorola for which monetary damages would be <br />inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be <br />entitled to all available remedies at law or in equity (including immediate injunctive relief and <br />repossession of all non - embedded Software and associated Documentation unless Licensee is a Federal <br />agency of the United States Government). <br />Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS <br />This Section applies if Licensee is the United, States Government or a United States Government agency. <br />Licensee's use, duplication or disclosure of the Software and Documentation under Motorola's <br />copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of <br />the Commercial Computer Software - Restricted Rights clause at FAR 52.227 -19 (JUNE 1987), if <br />applicable, unless they are being provided to the Department of Defense. If the Software and <br />Documentation are being provided to the Department of Defense, Licensee's use, duplication, or <br />disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph <br />(c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227 -7013 (OCT <br />1988), if applicable. The Software and Documentation may or may not include a Restricted Rights <br />notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to <br />apply, but only to the extent that they are consistent with the rights provided to the Licensee under the <br />provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency acid <br />procurement transaction. <br />Section 10 CONFIDENTIALI'CY <br />Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary <br />and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary <br />Agreement concerning Confidential Information apply. <br />Section 11 LIMITATION OF LIABILITY <br />The Limitation of Liability provision is described in the Primary Agreement. <br />Section 12 NOTICES <br />Notices are described in the Primary Agreement. <br />Section 13 GENERAL <br />13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be <br />construed as an admission or presumption of publication of the Software or public disclosure of any <br />trade secrets associated with the Software. <br />13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws <br />and regulations of the United States and Licensee will comply with all applicable laws and regulations, <br />including export laws and regulations of the United States. Licensee will not, without the prior <br />City of Santa Ana <br />MC07500 P25 Dispatch Migration and Subscrlbars <br />a Motorola Solutions Confidential Restrlctod <br />02 April 2015 <br />Use or disclosure of this proposal is subject <br />to the restrictions on the cover page <br />Terms and Conditions 8.19 <br />