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0 40 3. DESCRIPTION OF EDACS FX PROGRAM FEATURES A. Software Releases included. With respect to each Licensed Program, and subject to the conditions of this Agreement, Seller will provide the SoRivare Updates described below during tike term of this Agreement. All Updates shall be shipped to Subscriber"s EDACS FX contact designated in Schedule A of this Agreement via protective packaging containing a quantity of programmed Software media (PROlvts, TK50 tapes or diskettes) necessary for Subscriber to fully implement the Software Updates within their Designated System. In addition, each shipment of Software Updates shall contain at least one set of Software release notes detailing the contents of the Software Update and providing installation instructions. All Software Updates and documentation shipped to Subscriber shall be considered as part of the licensed Programs, shall be subject to the toms and conditions of the nonexclusive licenses granted by Seller to Subscriber, and Seller shall be free to license others with respect thereto. i. Software Updates Uonn Enrollment. As determined by the system audit described in Section 3.C.i. of tills Agreement, Seller shall provide to Subscriber the Soflwarc Updates needed, if any, to bring the Licensed Programs within Subscriber's Designated System up to Seller's Current Software Release Levels. Such Updates will be provided at no additional cost to Subscriber provided Subscriber has enrolled in the EDACS FX program within the enrollment deadline specified in Section 4.A of this Agreement and provided Subscriber has installed, at Subscriber's expense, the compatible hardware necessary to accommodate the Software Updates. ii. Subse uent Software U dates. During the term of this EDACS FX Agreement and subject to Subscriber's performance of its obligations, Seller shall provide Subscriber Software Updates, released by Seller subsequent to Subscribers enrollment in EDACS FX, for the Licensed Programs contained within Subscriber's EDACS Designated System configuration. Such Updates will be provided when they are made generally commercially available by Seller to its licensees of the Licensed Programs and will be included within Subscriber's annual EDACS FX fee but the subsequent software Updates shall include; a. Enhancements and corrections to existing features for all EDACS Designated System backbone components and radios; b. New features implemented via the system components already contained within Subscriber's Designated System, including unencrypted features for the systems backbone components and unencrypted features for the radio products, and c. Soilware for product migrations wherein a new generation of Software N developed for the Designated System component, rather than the Older generation of Software being updated. iii. Software Re lacements. In the event any Software media contained within Subscriber's Designated System incurs damage, whether front acts of Nature or human error, Seller shall provide replacements for such Software to Subscriber at no additional charge, subject to the terms and conditions of this Agreement. Q. Software Releases Not included. The following Software releases are not conlinerciahy available and are not included within the terms ol'this EDACS FX Agreement: i. New Products. Any Software products released by Seller for which an earlier generation or release level is not already contained within Subscriber's Designated Systern are not covered within this Agreement, if Subscriber wishes to implement such Software products within their Designated System, they will need to purchase site]: products at the prices then in effect, together wvilh any necessary compatible hardware for operation of the Software. ii, rnervntcd Features. As staked in Section 3.A.ii.b. of this Agreement, encrypted features for EDACS radio products are not included within the category of Software tlpdates provided by Seller under this Agreenhent. Such features must he purchased separately by Subscriber at the ptiecs then in effect.