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2005-294 1 of 2
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2005-294 1 of 2
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Last modified
8/4/2016 11:10:23 AM
Creation date
9/30/2015 9:04:33 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/06/2005
Control Number
2005-294
Agenda Item Number
7.P
Entity Name
Department of Community Affairs
Subject
Federally Funded SubGrant Agreement
Emergency Management Performance Grant
Project Number
06BG-10-40-01-085
Alternate Name
FDCA EMPA
Supplemental fields
SmeadsoftID
5146
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F . That any software supplied in connection with the use or installation of the <br /> equipment is subject to proprietary rights of Hughes Network Systems , Inc . , and/or <br /> HNS ' s vendor(s) and/or the Department' s vendor(s) . The use of one copy of said <br /> software is subject to a license granted from HNS to the Department, and a <br /> sublicense from the Department to the Recipient, to use the software solely in the <br /> operation of the Equipment, to commence on delivery of the software to the <br /> Recipient and to last for the term of the HNS Agreements . The Recipient shall not : <br /> (i) copy or duplicate , or permit anyone else to copy or duplicate, any part of the <br /> software , or (ii) create or attempt to create , or permit others to create or attempt to <br /> create , by reverse engineering or otherwise , the source programs or any part thereof <br /> from the object programs or from other information provided in connection with <br /> the Equipment . The Recipient shall not, directly or indirectly, sell , transfer, offer, <br /> disclose , lease, or license the software to any third party. <br /> G . To comply with these provisions until the termination of the HNS Agreements . <br /> H . The amounts retained for the satellite service cover the initial order for services <br /> provided to the Department pursuant to the services agreement between Hughes <br /> Network Systems and the State of Florida . The charge does not cover maintenance, <br /> repair, additional equipment and other services not part of the initial order for <br /> services . The service charge covers only the remote corrective maintenance <br /> specified in paragraph 4 . 3 of the Service Agreement with HNS and does not cover <br /> other maintenance, repair, additional equipment and other services not part of the <br /> initial order for services . In particular, the service charge does not cover : <br /> 1 . Maintenance , repair, or replacement of parts damaged or lost through <br /> catastrophe , accident, lightning, theft, misuse, fault or negligence of the <br /> Recipient or causes external to the Equipment, such as , but not limited to , <br /> failure of, or faulty, electrical power or air conditioning, operator error, <br /> failure or malfunction of data communication Equipment not provided to <br /> the Recipient by the Department under this Agreement, or from any cause <br /> other than intended and ordinary use . <br /> 2 . Changes , modifications , or alterations in or to the Equipment other than <br /> approved upgrades and configuration changes . <br /> 3 . Deinstallation, relocation, or removal of the Equipment or any accessories, <br /> attachments or other devices . <br /> The Recipient shall be independently responsible for any and all charges not part of the initial <br /> service order. <br /> 28 <br />
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