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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
5/2/2019 12:14:31 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, <br />marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will <br />result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this <br />Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity <br />(including immediate injunctive relief and repossession of all non -embedded Software and associated <br />Documentation unless Licensee is a Federal agency of the 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 or trade <br />secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer <br />Software -Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to <br />the Department of Defense. If the Software and Documentation are being provided to the Department of Defense, <br />Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set <br />forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227- <br />7013 (OCT 1988), if applicable. The Software and Documentation may or may not include a Restricted Rights <br />notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only <br />to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or <br />DFARS mentioned above, as applicable to the particular procuring agency and procurement transacton. <br />Section 10 CONFIDENTIALITY <br />Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and <br />Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement <br />concerning Confidential Information apply. <br />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 construed as an <br />admission or presumption of publication of the Software or public disclosure of any trade secrets associated with <br />the Software. <br />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 anyform export or re-export, sell or resell, ship or reship, <br />or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise <br />furnished to any person within any territory for which the United States Government or any of its agencies at the <br />time of the action, requires an export license orother governmental approval. Violation of this provision is a material <br />breach of this Agreement. <br />13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract 0s obligations <br />under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of 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 />Use or disclosure of this proposal Is subject Customer Name tnnq <br />to the whirbons on the "onion or page. <br />316 Table of Contents MotoI Solutions Contldentlal Restricted <br />F-9 Page 229 <br />
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