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Last modified
1/4/2021 11:23:26 AM
Creation date
9/19/2018 2:39:06 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/11/2018
Control Number
2018-173
Agenda Item Number
12.B.1.
Entity Name
Harris Corporation
Communications Systems Segment
Communications International Inc.
Subject
Software FX Agreement
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/S° <br />9. CONDITIONS FOR SERVICE <br />A. Enrollment Deadline. Subscriber agrees to enroll in Software FX no later than sixty (60) days after the <br />earlier of. (i) the first expiration date of the warranty provided by Harris for any component of Subscriber's <br />Designated System, or (ii) the first expiration date of the warranty provided by Harris for any of the <br />Software within Subscriber's Designated System. If either such warranty already has expired when <br />Subscriber is first offered the Software FX Program, Subscriber will be given a 60 -day grace period in <br />which to enroll in Software FX. A Subscriber meeting the enrollment deadline will receive, at no additional <br />charge as described in Sections 3.A.i. and 4.A.i of this Agreement; the Software Updates needed to bring <br />its Designated System up to Harris's Current Software Release Levels to the extent the Designated System <br />hardware is compatible with such Software Updates. <br />B. Subscriber Contact. Harris requests that Subscriber identify its Subscriber Contact in Exhibit A. Subscriber <br />shall designate a person with sufficient technical expertise to be able to interact knowledgeably with <br />Harris's technical support personnel. To the maximum extent practicable, Subscriber's communications <br />with Harris (with regard to the Software Updates provided under this Agreement) should be through the <br />Subscriber Contact. <br />C. Installation. Subscriber agrees to properly install the Software Updates provided by Harris in order of <br />receipt from Harris. Subscriber understands that Software support provided by Harris is limited to Harris's <br />Current and current minus 1 Software Release Levels of Licensed Programs for the Designated System. <br />D. Media Labeling. Subscriber agrees that if it makes copies of any Software Update supplied by Harris, for <br />backup purposes, Subscriber will reproduce any copyright notice and/or proprietary notice appearing on <br />and/or in such Update and will label all copies with all information, including part numbers and revision <br />levels, provided on the set of media provided by Harris. Nothing herein grants Subscriber any right to <br />sublicense any Software or to distribute copies to any other person, and such sublicensing and distribution <br />is expressly prohibited. <br />E. No Modification of Software. Subscriber agrees not to modify, enhance or otherwise alter any Software <br />unless specifically authorized in the user documentation provided by Harris with such Software Update or <br />unless the prior written consent of Harris is obtained. Under no circumstance shall Subscriber create or <br />permit the creation of any derivative work from any Software or the reverse engineering or replication of <br />any Software. <br />F. Harris' obligations under this Agreement are conditional upon Subscriber's compliance with the terms of <br />this Agreement and any Contract then in effect between Harris and Subscriber. <br />G. Delegation of Authority. The Subscriber hereby delegates, grants, and assigns to Harris, acting as the <br />Subscriber's agent or to a person or entity authorized by Harris, all approval rights relating to the selection <br />of Vendor Patches. All approvals given to third -party vendors by Harris acting as the subscriber's agent <br />under the terms of this AGREEMENT shall be deemed as being granted by the Subscriber. <br />10. FEES, TERMS OF PAYMENT & TAXES <br />A. SOFTWARE FX Fee. Subscriber agrees to pay Harris or its Authorized Dealer an annual Software FX <br />Fee, in the amount set forth in Exhibit A to this Agreement, plus taxes pursuant to Subsection D below, for <br />Software FX services provided during the term as defined in Exhibit A. Subsequent years' Software FX <br />Fees, beyond Subscriber's first-year fee specified in Exhibit A, may or may not remain at the same rates. <br />Any significant changes made to Subscriber's Designated System(s) configuration will be reflected in the <br />following year's Software FX Fee. If Harris's rates for Software FX should increase, Subscriber will be <br />notified in writing of any such increases at least one hundred twenty (120) days prior to the end of <br />Subscriber's yearly Software FX period then in effect. <br />B. Other Charges. Subscriber understands that if it chooses to delay its enrollment in Software FX beyond the <br />deadline described in Section 9.A. of this Agreement, Subscriber will need to license, at the applicable fees <br />Page 6 of 10 <br />
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