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In the event any Software media contained within Subscriber's Designated System incurs damage, whether from acts of Nature or human error, L3Harris shall provide replacements for such Software to Subscriber at no additional charge, subject to the terms and conditions of this Agreement. 9. CONDITIONS FOR SERVICE A. Enrollment Deadline. Subscriber agrees to enroll in Software FX no later than sixty (60) days after the earlier of: (i) the first expiration date of the warranty provided by L3Harris for any component of Subscriber's Designated System, or (ii) the first expiration date of the warranty provided by L3Harris for any of the Software within Subscriber's Designated System. If either such warranty already has expired when Subscriber is first offered the Software FX Program, Subscriber will be given a 60 -day grace period in which to enroll in Software FX. A Subscriber meeting the enrollment deadline will receive, at no additional charge as described in Sections 3.A.i. and 4.A.i of this Agreement; the Software Updates needed to bring its Designated System up to L3Harris's Current Software Release Levels to the extent the Designated System hardware is compatible with such Software Updates. B. Subscriber Contact. L3Harris requests that Subscriber identify its Subscriber Contact in Exhibit A. Subscriber shall designate a person with sufficient technical expertise to be able to interact knowledgeably with L3Harris's technical support personnel. To the maximum extent practicable, Subscriber's communications with L3Harris (with regard to the Software Updates provided under this Agreement) should be through the Subscriber Contact. C. Installation. Subscriber agrees to properly install the Software Updates provided by L3Harris in order of receipt from L3Harris. Subscriber understands that Software support provided by L3Harris is limited to L3Harris's Current and current minus 1 Software Release Levels of Licensed Programs for the Designated System. D. Media Labeling. Subscriber agrees that if it makes copies of any Software Update supplied by L3Harris, for backup purposes, Subscriber will reproduce any copyright notice and/or proprietary notice appearing on and/or in such Update and will label all copies with all information, including part numbers and revision levels, provided on the set of media provided by L3Harris. Nothing herein grants Subscriber any right to sublicense any Software or to distribute copies to any other person, and such sublicensing and distribution is expressly prohibited. E. No Modification of Software. Subscriber agrees not to modify, enhance or otherwise alter any Software unless specifically authorized in the user documentation provided by L3Harris with such Software Update or unless the prior written consent of L3Harris is obtained. Under no circumstance shall Subscriber create or permit the creation of any derivative work from any Software or the reverse engineering or replication of any Software. F. L3Harris' obligations under this Agreement are conditional upon Subscriber's compliance with the terms of this Agreement and any Contract then in effect between L3Harris and Subscriber. G. Delegation of Authority. The Subscriber hereby delegates, grants, and assigns to L3Harris, acting as the Subscriber's agent or to a person or entity authorized by L3Harris, all approval rights relating to the selection of Vendor Patches. All approvals given to third -party vendors by L3Harris acting as the subscriber's agent under the terms of this AGREEMENT shall be deemed as being granted by the Subscriber. 10. FEES, TERMS OF PAYMENT & TAXES A. SOFTWARE FX Fee. Subscriber agrees to pay L3Harris or its Authorized Dealer the Software FX Fee, in the amount set forth in Exhibit A to this Agreement, plus taxes pursuant to Subsection D below, for Software FX services provided during the term as defined in Exhibit A. B. Other Charges. Subscriber understands that if it chooses to delay its enrollment in Software FX beyond the deadline described in Section 9.A. of this Agreement, Subscriber will need to license, at the applicable fees 25