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2018-173
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SOFTWARE FX <br />AGREEMENT <br />THIS SOFTWARE FX AGREEMENT ("Agreement") is hereby entered into between Harris Corporation, a <br />Delaware Corporation, through its Communication Systems Segment ("Harris") and Indian River County, FL <br />("Subscriber") on the following terms and conditions: <br />1. SCOPE OF AGREEMENT <br />During the term of this Agreement, as set forth in Section 11, Harris agrees to provide Subscriber with <br />the following: <br />A. Harris Software Update benefits including software updates, documentation updates and other services, <br />as set forth in Section 3 of this Agreement, for the software developed and provided by Harris and <br />contained within the Subscriber's Designated Harris System(s) as described in Exhibit A to this <br />Agreement; and <br />B. Harris Security Update Management Service (SUMS) for the updating of security related patches, as set <br />forth in Section 4 of this Agreement, to the Subscriber's Designated Harris System(s) as described in <br />Exhibit A to this Agreement. <br />2. DEFINITIONS <br />As used in this Agreement, the following terms shall have the meanings set forth below. <br />A. "Contract" means the Agreement for the purchase of the Designated System(s). <br />B. "Current Software Release Levels" means the most recent Software release announced by Harris as being <br />commercially available. "Commercially available" does not include interim releases provided as <br />emergency fixes or software released for beta test or noncommercial or similar purposes. <br />C. "Designated System(s)" means the Harris system(s) purchased by Subscriber and identified in Exhibit A to <br />this Agreement. The Designated System does not include Third Party Software Products. Excluded <br />Products or other systems to which the Designated System may be linked. <br />D. "Enterprise Configuration" means a radio system level configuration that is capable of supporting large <br />county, multi -county, regional or state-wide installations. <br />E. "Excluded Products" means third Party Products contained in the customer's system that were not sold by <br />Harris to Subscriber. <br />F. "Harris Licensed Programs" means all Harris Software programs and associated documentation <br />nonexclusively licensed to Subscriber by Harris for use solely with Subscriber's Designated System. <br />G. "Harris Software Updates" means any commercially available corrections, modifications or enhancements <br />to the Licensed Programs generally released and/or provided by Harris. <br />H. "Harris Authorized Dealer" means an entity authorized by Harris to sell certain Harris products and systems <br />as an authorized dealer in accordance with the provisions of a Dealer Agreement between Harris and such <br />person or entity. <br />L "IAVA" Information Assurance Vulnerability Alert. An IAVA is an announcement of a computer <br />application software or operating system vulnerability notification in the form of alerts, bulletins, and <br />technical advisories identified by DoD-CERT, a division of the United States Cyber Command. <br />J. "Optional Feature" means those Harris Software features, not currently contained in the Subscriber's <br />Designated System, available for Current Software Release Levels that are available to Subscriber at an <br />additional cost. <br />Page 1 of 10 <br />
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