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AG 2013 09 16
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AG 2013 09 16
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Last modified
12/4/2013 11:57:06 AM
Creation date
11/27/2017 11:01:51 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/16/2013
Board
Board of Commissioners
Meeting Type
Regular
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13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and <br />regulations of the United States and Licensee will comply with all applicable laws and regulations, including export <br />laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the <br />appropriate governmental authority of the United States, in any form export or re- export, sell or resell, ship or <br />reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or <br />otherwise furnished to any person within any territory for which the United States Government or any of its <br />agencies at the time of the action, requires an export license or other governmental approval. Violation of this <br />provision is a material breach of this Agreement. <br />13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations <br />under this Agreement, or encumber or sell Its rights in any Software, without prior notice to or consent of <br />Licensee. <br />13.4. GOVERNING LAW, This Agreement is governed by the laws of the United States to the extent that they <br />apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a <br />sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign <br />government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not <br />apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a <br />substantially similar law (collectively "UCITA '} becomes applicable to a party's performance under this <br />Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, <br />or any of the parties' rights or obligations under this Agreement. The governing law will be that In effect prior to <br />the applicability of UCITA.. <br />13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and <br />Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third <br />party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third <br />party software included in the Software will be a direct and intended third party beneficiary of this Agreement. <br />13.5. SURVIVAL. Sections 4, 5, 5.3, 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 Primary <br />Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this <br />Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. <br />118 SECURITY. Motorola's Information Assurance Policy addresses the issue of security. Motorola uses <br />reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit <br />Security Vulnerabilities. While no software can be guaranteed to be free from Security Vulnerabilities, if a <br />Security Vulnerability is discovered, Motorola will take the steps set forth in Section 5 of this Agreement. <br />Cabarrus County, N.C. <br />6 Channel Expansion <br />0 Motorola Solutions Confidential Restricted <br />July 19, 2013 <br />Use or disclosure of this proposal is subject <br />to the restrictions on the cover page. <br />Attachment number 1 <br />Contractual Documentation 7 -16 <br />F -3 Page 187 <br />
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