Motorola WiNG 5.5 Reference Manual page 21

11. GENERAL
11.1 Copyright Notices. The existence of a copyright notice on the Software will not be construed as an admission or
presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred.
11.2 Compliance with Laws. End-User Customer acknowledges that the Software is subject to the laws and regulations of
the United States and End-User Customer will comply with all applicable laws and regulations, including export laws
and regulations of the United States. End-User Customer will not, without the prior authorization of Motorola Solutions
and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or
reship, or divert, through direct or indirect means, any item or technical data or direct of indirect products sold or
otherwise furnished to any person within any territory for which the United States Government or any of its agencies
at the time of the action, requires an export license or other governmental approval. Violation of this provision is a
material breach of this Agreement.
11.3 Third Party Beneficiaries. This End-User License Agreement is entered into solely for the benefit of Motorola Solutions
and End-User Customer. No third party has the right to make any claim or assert any right under this Agreement, and no
third party is deemed a beneficiary of this End-User License Agreement. Notwithstanding the foregoing, any licensor or
supplier of third party software included in the Software will be a direct and intended third party beneficiary of this End-
User License Agreement.
11.4 Waiver. No waiver of a right or remedy of a Party will constitute a waiver of another right or remedy of that Party.
11.5 Assignments. Motorola Solutions may assign any of its rights or sub-contract any of its obligations under this End-User
License Agreement or encumber or sell any of its rights in any Software, without prior notice to or consent of End-User
Customer.
11.6 Causes of Action. End-User Customer must bring any action under this End-User License Agreement within one year
after the cause of action arises except that warranty claims must be brought within the applicable warranty period.
11.7 Entire Agreement and Amendment. This End-User License Agreement contains the parties' entire agreement regarding
End-User Customer's use of the Software and may be amended only in a writing signed by both parties, except that
Motorola Solutions may modify this End-User License Agreement as necessary to comply with applicable laws and
regulations.
11.8 Governing Law. This End-User License Agreement is governed by the laws of the State of Delaware in the United States
to the extent that they apply and otherwise by the internal substantive laws of the country to which the Software is
shipped if End-User Customer is a sovereign governmental entity. The terms of the U.N. Convention on Contracts for the
International Sale of Goods do not apply. In the event that the Uniform Computer information Transaction Act, any
version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a Party's performance
under this Agreement, UCITA does not govern any aspect of this End-User License Agreement or any license granted
under this End-User License Agreement, or any of the parties' rights or obligations under this End-User License
Agreement. The governing law will be that in effect prior to the applicability of UCITA.
11.9 Dispute Resolution. Unless End-User Customer is a sovereign governmental entity, any dispute arising from or in
connection with this End-User License Agreement shall be submitted to the sole and exclusive forum of the state and
federal courts sitting in New Castle County, Delaware (the "Delaware Courts"), and each Party irrevocably submits to
the jurisdiction of the Delaware Courts for the litigation of such disputes. Each Party hereby irrevocably waives, and
agrees not to assert in any suit, action or proceeding brought in the Delaware Courts, any claim or defense that the Party
is not subject to the jurisdiction of the Delaware Courts, that the Delaware Courts are an inconvenient forum, or that
the Delaware Courts are an improper venue.
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