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�F4RRIS@) <br />9. CONDITIONS FOR SERVICE <br />A.a Enrollment Deadline.a Subscriber agrees to enroll in Software FX no later than sixty (60) days after thea <br />earlier of. (i) the first expiration date of the warranty provided by Harris for any component of Subscriber'sa <br />Designated System, or (ii) the first expiration date of the warranty provided by Harris for any of thea <br />Software within Subscriber's Designated System. If either such warranty already has expired whena <br />Subscriber is first offered the Software FX Program, Subscriber will be given a 60 -day grace period ina <br />which to enroll in Software FX. A Subscriber meeting the enrollment deadline will receive, at no additionala <br />charge as described in Sections 3.A.i. and 4.AJ of this Agreement; the Software Updates needed to bringa <br />its Designated System up to Harris's Current Software Release Levels to the extent the Designated Systema <br />hardware is compatible with such Software Updates.a <br />B.a Subscriber Contact.aHarris requests that Subscriber identify its Subscriber Contact in Exhibit A. Subscribera <br />shall designate a person with sufficient technical expertise to be able to interact knowledgeably witha <br />Harris's technical support personnel. To the maximum extent practicable, Subscriber's communicationsa <br />with Harris (with regard to the Software Updates provided under this Agreement) should be through thea <br />Subscriber Contact.a <br />C.a Installation.aSubscriber agrees to properly install the Software Updates provided by Harris in order ofa <br />receipt from Harris. Subscriber understands that Software support provided by Harris is limited to Harris'sa <br />Current and current minus 1 Software Release Levels of Licensed Programs for the Designated Systema <br />Da Media Labeling. Subscriber agrees that if it makes copies of any Software Update supplied by Harris, fora <br />backup purposes, Subscriber will reproduce any copyright notice and/or proprietary notice appearing ona <br />and/or in such Update and will label all copies with all information, including part numbers and revisiona <br />levels, provided on the set of media provided by Harris. Nothing herein grants Subscriber any right toa <br />sublicense any Software or to distribute copies to any other person, and such sublicensing and distributiona <br />is expressly prohibited.a <br />E.a No Modification of Software.a Subscriber agrees not to modify, enhance or otherwise alter any Softwarea <br />unless specifically authorized in the user documentation provided by Harris with such Software Update ora <br />unless the prior written consent of Harris is obtained. Under no circumstance shall Subscriber create ora <br />permit the creation of any derivative work from any Software or the reverse engineering or replication ofa <br />any Software.a <br />F.a Harris' obligations under this Agreement are conditional upon Subscriber's compliance with the terms ofa <br />this Agreement and any Contract then in effect between Harris and Subscriber.a <br />Ga Delegation of Authority. The Subscriber hereby delegates, grants, and assigns to Harris, acting as thea <br />Subscriber's agent or to a person or entity authorized by Harris, all approval rights relating to the selectiona <br />of Vendor Patches. All approvals given to third -party vendors by Harris acting as the subscriber's agenta <br />under the terms of this AGREEMFNT shall be deemed as being granted by the Subscriber.a <br />10. FEES, TERMS OF PAYMENT & TAXES <br />A.a SOFTWARE FX Fee.a Subscriber agrees to pay Harris or its Authorized Dealer an annual Software FXa <br />Fee, in the amount set forth in Exhibit A to this Agreement, plus taxes pursuant to Subsection D below, fora <br />Software FX services provided during the term as defined in Exhibit A. Subsequent years' Software FXa <br />Fees, beyond Subscriber's first-year fee specified in Exhibit A, may or may not remain at the same rates.a <br />Any significant changes made to Subscriber's Designated System(s) configuration will be reflected in thea <br />following year's Software FX Fee. If Harris's rates for Software FX should increase, Subscriber will bea <br />notified in writing of any such increases at least one hundred twenty (120) days prior to the end ofa <br />Subscriber's yearly Software FX period then in effect.a <br />B.a Other Charges.a Subscriber understands that if it chooses to delay its enrollment in Software FX beyond thea <br />deadline described in Section 9.A. of this Agreement, Subscriber will need to license, at the applicable feesa <br />200 <br />