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AG 2016 09 19
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AG 2016 09 19
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Last modified
9/20/2016 11:20:23 AM
Creation date
11/27/2017 10:34:58 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/19/2016
Board
Board of Commissioners
Meeting Type
Regular
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2.11. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, <br />trademarks, trade names, mask works, know -how, and other intellectual property rights in and to the <br />Equipment and Software, including those created or produced by Motorola under this Agreement and any <br />corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software <br />whether made by Motorola or another party. <br />2.12. "Software" means the Motorola Software and Non - Motorola Software in object code format that is <br />furnished with the Products. <br />2.13. "Warranty Period" means one (1) year from the date of shipment of the Products. <br />Section 3 SCOPE OF AGREEMENT AND TERM <br />3.1. SCOPE OF WORK. Motorola will provide and install (if applicable) the Products, and perform its <br />other contractual responsibilities, all in accordance with this Agreement. Customer will perform its <br />contractual responsibilities in accordance with this Agreement. <br />3.2. CHANGE ORDERS. Either Party may request changes within the general scope of this <br />Agreement. Neither Party is obligated to perform requested changes unless both Parties execute a <br />written change order. <br />3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by <br />mutual agreement of the Parties, the term of this Agreement begins on the Effective Date and continues <br />until the expiration of the Warranty Period or three (3) years from the Effective Date, whichever occurs <br />last. <br />3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. During the Term of this Agreement, Customer may <br />order additional Equipment or Software if it is then available. Each order must refer to this Agreement <br />and must specify the pricing and delivery terms. Notwithstanding any additional or contrary terms in the <br />order, the applicable provisions of this Agreement (except for pricing, delivery, and payment terms) will <br />govern the purchase and sale of the additional Equipment or Software. Payment is due within thirty (30) <br />days after the invoice date, and Motorola will send Customer an invoice as the additional Equipment is <br />shipped or Software is licensed. Alternatively, Customer may register with and place orders through <br />Motorola Online ( "MOL "), and this Agreement will be the "Underlying Agreement" for those MOL <br />transactions rather than the MOL On -Line Terms and Conditions of Sale. MOL registration and other <br />information may be found at htti3s:/ /businessonline.motorola.com and the MOL telephone number is (800) <br />814 -0601. <br />3.5. MAINTENANCE SERVICE. This Agreement does not cover maintenance or support of the <br />Products except as provided under the warranty. If Customer wishes to purchase maintenance or <br />support, Motorola will provide a separate maintenance and support proposal upon request. <br />3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to <br />Customer solely in accordance with the Software License Agreement. Customer hereby accepts and <br />agrees to abide by all of the terms and restrictions of the Software License Agreement. <br />3.7. NON - MOTOROLA SOFTWARE. Any Non - Motorola Software is licensed to Customer in <br />accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date <br />unless the copyright owner has granted to Motorola the right to sublicense the Non - Motorola Software <br />pursuant to the Software License Agreement, in which case it applies and the copyright owner will have <br />all of Licensor's rights and protections under the Software License Agreement. Motorola makes no <br />representations or warranties of any kind regarding Non - Motorola Software. Non - Motorola Software may <br />include Open Source Software. All Open Source Software is licensed to Customer in accordance with, <br />and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not <br />the Software License Agreement. Upon request by Customer, Motorola will use commercially reasonable <br />Motorola Apttus /Contract No. Page 2 v. 8 -16 -2016 <br />Attachment number 3 \n <br />F -11 Page 131 <br />
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