Specifications

P25 Development Guide

www.bluebamboo.com

4.5.10 Damage Limitation

INDEPENDENTLY OF ANY OTHER REMEDY LIMITATION HEREOF AND

NOTWITHSTANDING ANY ESSENTIAL PURPOSE OF ANY SUCH LIMITED REMEDY, IT IS

AGREED THAT IN NO EVENT SHALL BLUE BAMBOO BE LIABLE FOR SPECIAL,

INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER THIS AGREEMENT.

4.5.11 Transferability

LICENSEE may not divide its interests under this Agreement and transfer same to different

parties; however, LICENSEE may assign and transfer all its rights under this Agreement solely to

a party controlling, controlled by or under common control with LICENSEE, a successor in

interest in the event of a merger, consolidation or sale of substantially all of the LICENSEE’S

assets or stock, or to a successor to the portion of its business that designs or markets products

incorporating the BLUE BAMBOO P25 Reference Code.

4.5.12 Intellectual Property Ownership

BLUE BAMBOO shall retain title to and ownership of all proprietary rights with respect to the P25

Reference Code and copies thereof. LICENSEE shall retain title to and ownership of all

proprietary rights in DERIVATIVE WORKS of the P25 Reference Code made by or for

LICENSEE, and all copies thereof, excluding the portions owned by BLUE BAMBOO made

reference to under the previous sentence. Except as expressly provided herein, BLUE BAMBOO

does not grant any express or implied right to Licensee under BLUE BAMBOO’s patents,

Copyrights, trademarks, or trade secrets.

4.5.13 Survival Clauses

The following provisions shall survive expiration or termination of this Agreement for any reason:

Section 3 (Non-disclosure), Section 5 (Limitation of Liability), Section 10 (Damage Limitation),

Section 12 (Intellectual Property Ownership).

4.5.14 Entire Agreement

This Agreement and its Exhibits contain the entire Agreement and understanding between the

parties with respect to the subject matter hereof and merges and supersedes all prior

agreements, understandings and representations. No addition or modification to the Agreement is

valid unless made in writing and signed by both parties hereto. To the extent that this Agreement

contains a provision that contradicts any provision in the Exhibits hereto, this Agreement shall

control. This Agreement shall be construed and controlled by the law of the Hong Kong S.A.R. In

the event of any dispute hereunder, the parties agree to jurisdiction in the Hong Kong S.A.R.