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UHARRiSTM <br />e. Prior to the general release by L3Harris of any Security Updates, L3Harris shall make available a <br />SUMS Product release document announcing the impending release, and detailing its contents and <br />impact, if any, on any other L3Harris hardware or Software components. Subscriber acknowledges <br />that older hardware may not have sufficient capacity for the operation of the Software Updates. <br />NOTHING IN THIS AGREEMENT OR OTHERWISE REQUIRES L31-IARRIS EITHER TO <br />DESIGN UPDATES THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM <br />HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT, <br />AND SUBSCRIBER WAIVES ANY SUCH DUTY OR OBLIGATION BY L3HARRIS. <br />f. L311arris will provide with each Security Update Distribution a Security Release Notes document. <br />This document will detail the PVA resolutions and/or mitigation addressed by this release, <br />installation and installation recovery procedures and software and hardware compatibility <br />information where applicable. <br />g. Automated Security Update Distribution Services. Subscriber shall be responsible for providing <br />the necessary hardware and licenses to run the automated distribution of Security Updates. This <br />hardware shall be part of Subscriber's Designated L3Harris System or purchased at Subscriber's <br />expense from L3Harris prior to the initialization of this Software FX Agreement. As set forth in <br />Section 9.C. of this Agreement, it shall be the Subscriber's responsibility to complete the security <br />update process on the target devices (e.g. rebooting the target devices) following the Patch <br />Application instructions in the Release Notes accompanying each Security Update Distribution. <br />Optional On -Site Support Services may be contracted by the Subscriber, outside of this Agreement, <br />through L3Harris or L3Harris' Authorized Dealer as set forth in Section 6.A.iv. <br />h. Assessment Reporting. For those PVAs monitored by L3Harris as stated in Section 4.B.a., <br />L3Harris will provide responses assessing the effects of the monitored PVAs on the LMR system <br />and stating L3 Harris's recommendations for required actions. Access to the PVA assessments will <br />be granted through Tech -Link, a restricted web site maintained by 1,311arris. L3Harris does not <br />guarantee assessment response time, but will make reasonable efforts to provide timely assessment <br />responses. <br />5. SOFTWARE RELEASES NOT INCLUDED <br />A. Software Releases Not Included. The following Software releases are not included within the terms of this <br />Agreement: <br />i. New Products. Any Software products released by 1,311arris for which an earlier generation or release <br />level is not already contained within Subscriber's Designated System. If Subscriber wishes to <br />implement such Software products within its Designated System, it will need to license such products <br />at the fees then in effect and purchase any necessary compatible hardware for operation of such <br />Software. <br />ii. Third Party Software. To the extent that such Third Party Software Products are available and <br />compatible with the Designated System, 1,311arris reserves the right to charge an additional fee for <br />upgrades to software programs that are licensed by a third party for use with the L3Harris system yet <br />are not the property of 1,311arris. The Subscriber may be required to have currently executed <br />services/support Agreement(s) with third -party vendor(s) separate from this Agreement. Subscriber <br />must provide evidence of a current services/support Agreement at the 1,311arris's request. <br />6. SOFTWARE SERVICES INCLUDED <br />A. Services Included. Subject to the terms and conditions of this Agreement and Subscriber's compliance <br />therewith, 1,311arris will provide to Subscriber the services described below. <br />i. System Configuration Baseline and Documentation Update. As part of the initial enrollment process <br />for Software FX, L3Harris may deem it necessary to conduct a system audit of Subscriber's Designated <br />System(s) to be covered under this Agreement. If said audit is required, L3Harris, or its Authorized <br />Dealer will conduct the audit. This audit will be used to verify Subscriber's first-year Software FX Fee <br />Page 4of10 <br />