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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 11 LIMITATION OF LIABILITY <br />The Limitation of Liability provision is described in the Primary Agreement. <br />Section 12 NOTICES <br />Notices are described in the Primary Agreement. <br />Section 13 GENERAL <br />13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be <br />construed as an admission or presumption of publication of the Software or public disclosure of any trade <br />secrets associated with the Software. <br />13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws <br />and regulations of the United States and Licensee will comply with all applicable laws and regulations, <br />including export laws and regulations of the United States. Licensee will not, without the prior <br />authorization of Motorola and the appropriate governmental authority of the United States, in any form <br />export or re- export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or <br />technical data or direct or indirect products sold or otherwise furnished to any person within any territory <br />for which the United States Government or any of its agencies at the time of the action, requires an export <br />license or other governmental approval. Violation of this provision is a material breach of this Agreement. <br />13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its <br />obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or <br />consent of Licensee. <br />13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent <br />that they apply and otherwise by the internal substantive laws of the State of North Carolina. The terms <br />of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that <br />the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law <br />(collectively "UCITA ") becomes applicable to a party's performance under this Agreement, UCITA does <br />not govern any aspect of this Agreement or any license granted under this Agreement, or any of the <br />parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the <br />applicability of UCITA. <br />13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of <br />Motorola and Licensee. No third party has the right to make any claim or assert any right under this <br />Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, <br />any licensor or supplier of third party software included in the Software will be a direct and intended third <br />party beneficiary of this Agreement. <br />13.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11 and 13 survive the termination of this Agreement. <br />13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the <br />Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject <br />matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other <br />subject matter. <br />13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and <br />the acquisition of third party Software to limit Security Vulnerabilities. While no software can be <br />guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will <br />take the steps set forth in Section 6 of this Agreement. <br />Motorola Apttus /Contract No. Page 14 v. 8 -16 -2016 <br />Attachment number 3 \n <br />F -11 Page 143 <br />
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