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R96-79 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT
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R96-79 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT
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Resolution/Ordinance
Res Ord Num
R96-79
Res Ord Title
ACCEPTING THE PROPOSAL AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR EMERGENCY SERVICES COMMUNICATIONS TELEPHONE EQUIPMENT AND SUPPORTING SERVICES
Approved Date
7/1/1996
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. � <br /> Exhibit B <br /> A Category Four Software License shall contain the following terms and provisions (in the event <br /> of any conflict between the terms set forth in Section 2.1 and those set forth in Section 2.5, the <br /> terms set forth in Section 2.5 shall prevail with respect to the specific terms in conflict): <br /> 2.5.1 Licensee shall not enable, disable, or otherwise add or delete feature functionality with <br /> respect to a Motorola Product by accessing, altering, or reconfiguring the operability of a <br /> corresponding Category Four Program(s) except by a prior written agreement with Motorola and <br /> with Motorola's prior knowledge of the specific feature functionality to be enabled, disabled, or <br /> othervvise added or deleted. <br /> 2.52 Not used. <br /> 2.5.3 Not used. <br /> 2.5.4 Licensee may use a Category Four Program(s) in its Embedded form in a corresponding <br /> Motorola Product without Site restriction, unless otherwise agreed to in writing by Motorola and <br /> the Licensee. <br /> SECTION 3-MAINTENANCE DISCLAIMER <br /> 3.1 Motorola shall not be responsible for support or field service of any Program under this <br /> License Agreement. Any maintenance by Motorola, if available, shall be by separate agreement <br /> on Motorola's then current terms and conditions and at Motorola's then current prevailing rates for <br /> such maintenance. <br /> SECTION 4-TERM OF LICENSE AGREEMENT <br /> 4.1 The license rights granted herein shall be effective: <br /> (A) after the Licensee has signed this Software License Agreement and returned this Software <br /> License Agreement to Motorola at an address specified by Motorola; and <br /> (B)the earlier occurrence of either: <br /> (i) Motorola acknowledges to Licensee Motorola's acceptance of this Software License <br /> Agreement in writing; or <br /> (ii) Motorola ships to the Licensee a Program as ordered by the Licensee. <br /> (C) THE BANKING, NEGOTIATION, OR OTHER USE OF ANY PAYMENT MADE BY THE I' <br /> LICENSEE, IF ANY, SHALL NOT CONSTITUTE AN ACCEPTANCE OF THIS SOFTWARE <br /> LICENSE AGREEMENT BY MOTOROLA. <br /> 4.1.1 The Licensee shall be able to acquire rights, subject to this Agreement, to use one or more <br /> uncategorized or Category One, Two, Three, or Four Programs subsequently acquired from <br /> Motorola, provided that such Programs are acquired from Motorola during the three (3) year term <br /> following the effective date of this Agreement, which shall be the date upon which the license <br /> rights granted herein shall be effective, as defined in Section 4.1 above. <br /> 4.2 The Licensee shall be perpetually entitled to use the Programs so acquired pursuant to the terms <br /> of this License Agreement for so long as the Licensee shall continue to use the corresponding <br /> Contract No. 96- /ABP 6 6/3/96 <br />
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