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Last modified
12/12/2022 3:18:43 PM
Creation date
1/23/2020 1:54:51 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/21/2020
Control Number
2020-008
Agenda Item Number
8.B.
Entity Name
L3HarrisTechnologies, Inc.
Subject
Approval of Renewal of the Public Safety Communications Systems FX Software Services Agreement
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0 MAWS - <br />In the event any Software media contained within Subscriber's Designated System incurs damage, whether from <br />acts of Nature or human error, L3Harris shall provide replacements for such Software to Subscriber at no additional <br />charge, subject to the terms and conditions of this Agreement. <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 L3Harris for any component of <br />Subscriber's Designated System, or (ii) the first expiration date of the warranty provided by 1,311arris for <br />any of the Software within Subscriber's Designated System. If either such warranty already has expired <br />when Subscriber is first offered the Software FX Program, Subscriber will be given a 60 -day grace period <br />in which to enroll in Software FX. A Subscriber meeting the enrollment deadline will receive, at no <br />additional charge as described in Sections 3.A.i. and 4.A.i of this Agreement; the Software Updates needed <br />to bring its Designated System up to L31-larris's Current Software Release Levels to the extent the <br />Designated System hardware is compatible with such Software Updates. <br />B. Subscriber Contact. L3Harris requests that Subscriber identify its Subscriber Contact in Exhibit A. <br />Subscriber shall designate a person with sufficient technical expertise to be able to interact knowledgeably <br />with L3Harris's technical support personnel. To the maximum extent practicable, Subscriber's <br />communications with L3Harris (with regard to the Software Updates provided under this Agreement) <br />should be through the Subscriber Contact. <br />C. Installation. Subscriber agrees to properly install the Software Updates provided by L3Harris in order of <br />receipt from L3Harris. Subscriber understands that Software support provided by L3Harris is limited to <br />L3Harris's Current and current minus 1 Software Release Levels of Licensed Programs for the Designated <br />System. <br />D. Media Labeling. Subscriber agrees that if it makes copies of any Software Update supplied by L3Harris, <br />for backup purposes, Subscriber will reproduce any copyright notice and/or proprietary notice appearing <br />on 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 L3Harris. 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 L3Harris with such Software Update <br />or unless the prior written consent of L3Harris is obtained. Under no circumstance shall Subscriber create <br />or permit the creation of any derivative work from any Software or the reverse engineering or replication <br />of any Software. <br />F. L3Harris' obligations under this Agreement are conditional upon Subscriber's compliance with the terms <br />of this Agreement and any Contract then in effect between L3Harris and Subscriber. <br />G. Delegation of Authority. The Subscriber hereby delegates, grants, and assigns to 1,31-larris, acting as the <br />Subscriber's agent or to a person or entity authorized by L3Harris, all approval rights relating to the <br />selection of Vendor Patches. All approvals given to third -party vendors by L3Harris acting as the <br />subscriber's agent under the terms of this AGREEMENT shall be deemed as being granted by the <br />Subscriber. <br />10. FEES, TERMS OF PAYMENT & TAXES <br />A. SOFTWARE FX Fee. Subscriber agrees to pay L3Harris or its Authorized Dealer the Software FX Fee, in <br />the amount set forth in Exhibit A to this Agreement, plus taxes pursuant to Subsection D below, for Software <br />FX services provided during the term as defined in Exhibit A. <br />B. Other Char es. 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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