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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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Section 7 TRANSFERS <br />Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written <br />consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee <br />paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated <br />Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products <br />to a third party, Licensee may assign its right to use the Software (other than RSS and Motorola's <br />FLASHport® software) which is embedded in or furnished for use with the radio products and the related <br />Documentation; provided that Licensee transfers all copies of the Software and Documentation to the <br />transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon <br />request, obligating the transferee to be bound by this Agreement. <br />Section 8 TERM AND TERMINATION <br />8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement <br />is signed by both parties and will continue for the life of the Designated Products with which or for which <br />the Software and Documentation have been provided by Motorola, unless Licensee breaches this <br />Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation <br />may be terminated immediately upon notice by Motorola. <br />8.2 Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to <br />Motorola that all copies of the Software have been removed or deleted from the Designated Products and <br />that all copies of the Software and Documentation have been returned to Motorola or destroyed by <br />Licensee and are no longer in use by Licensee. <br />8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the <br />development, marketing, and distribution of the Software and Documentation and that Licensee's breach <br />of this Agreement will result in irreparable harm to Motorola for which monetary damages would be <br />inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be <br />entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession <br />of all non - embedded Software and associated Documentation unless Licensee is a Federal agency of the <br />United States Government). <br />Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS <br />This Section applies if Licensee is the United States Government or a United States Government agency. <br />Licensee's use, duplication or disclosure of the Software and Documentation under Motorola's copyrights <br />or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the <br />Commercial Computer Software - Restricted Rights clause at FAR 52.227 -19 (JUNE 1987), if applicable, <br />unless they are being provided to the Department of Defense. If the Software and Documentation are <br />being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software <br />and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(ii) of the Rights in <br />Technical Data and Computer Software clause at DFARS 252.227 -7013 (OCT 1988), if applicable. The <br />Software and Documentation may or may not include a Restricted Rights notice, or other notice referring <br />to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they <br />are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS <br />mentioned above, as applicable to the particular procuring agency and procurement transaction. <br />Section 10 CONFIDENTIALITY <br />Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary <br />and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary <br />Agreement concerning Confidential Information apply. <br />Motorola Apttus /Contract No. Page 13 v. 8 -16 -2016 <br />Attachment number 3 \n <br />F -11 Page 142 <br />
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