Specifications

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P25 Development Guide

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4.5.4 U.S. Government Disclosure

LICENSOR will allow LICENSEE to disclose the P25 Reference Code SOURCE CODE to those

employees of the U.S. Government that require access to the P25 Reference Code SOURCE

CODE to approve the LICENSEE ‘S Products; LICENSOR understands that the U.S.

Government is legally restricted in its ability to distribute contractor proprietary information.

LICENSEE will maintain a legally binding contract with the U.S. Government to enforce the

confidentiality of the P25 Reference Code and require the U.S. Government not to disclose the

P25 Reference Code SOURCE CODE to any and all persons; and will treat the P25 Reference

Code SOURCE CODE as Restricted Rights as stated in the Defense Federal Acquisition

Regulation Supplement and under DFARS clause #252.227-7014.

4.5.5 Limitation of Liability

This Code IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY

KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD-

PARTY INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO

EVENT SHALL BLUE BAMBOO BE LIABLE FOR ANY DAMAGES WHATSOEVER

(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS

INTERRUPTION, LOSS OF INFORMATION AND, INSOFAR AS IS LEGALLY POSSIBLE,

CONSEQUENTIAL OR INCIDENTAL DAMAGES) ARISING OUT OF THE USE OF OR

INABILITY TO USE THE P25 Reference Code, EVEN IF BLUE BAMBOO HAS BEEN ADVISED

OF THE POSSIBILITY OF SUCH DAMAGES. BLUE BAMBOO SHALL NOT BE RESPONSIBLE

FOR ANY ERRORS THAT MAY APPEAR IN THE P25 Reference Code OR DERIVATIVE

WORKS NOR SHALL BLUE BAMBOO BE UNDER ANY OBLIGATION TO SUPPORT OR

UPDATE THE P25 Reference Code. BLUE BAMBOO RETAINS THE RIGHT TO MAKE

CHANGES TO ITS P25 Reference Code AT ANY TIME, WITHOUT NOTICE TO LICENSEE.

4.5.6 Maintenance

BLUE BAMBOO shall be under no obligation to assist Licensee to use, execute, perform or copy

the P25 Reference Code, or to provide support to Licensee of the P25 Reference Code, or to

provide maintenance, correction, modification, enhancement, or upgrades to the P25 Reference

Code. BLUE BAMBOO may however provide such support, maintenance, correction,

modification, enhancement or upgrades in its sole discretion, and, if provided, such support,

maintenance, correction, modification, enhancement, or upgrades shall be considered part of the

P25 Reference Code and shall be subject to all terms and conditions of this Agreement.

4.5.7 Termination

This Agreement and the licenses granted by BLUE BAMBOO herein shall terminate immediately

without notice from BLUE BAMBOO or by a judicial resolution, if LICENSEE fails to comply with

any provisions of this Agreement. Following termination of this Agreement, LICENSEE covenants

that it shall only use DERIVATIVE WORK(S) of the P25 Reference Code to incorporate BLUE

BAMBOO’s transaction terminal products with Licensee’s products. Any other use of

DERIVATIVE WORK(S) of the P25 Reference Code is strictly prohibited.

4.5.8 Taxes

The amount of any taxes of any kind, if any is applicable to this transaction or to the use or

possession of the P25 Reference Code covered hereby shall be paid by LICENSEE. The parties

agree that the tangible portion of the property delivered and to be delivered by BLUE BAMBOO to

LICENSEE or by LICENSEE to BLUE BAMBOO is valued at one hundred dollars ($100.00).

4.5.9 Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Hong Kong

S.A.R. as applied to contracts entered into in the Hong Kong S.A.R by a corporation based in

Hong Kong S.A.R.