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R89-08 ACCEPTING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT
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R89-08 ACCEPTING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT
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8/10/2016 1:28:54 PM
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Resolution/Ordinance
Res Ord Num
R89-08
Res Ord Title
ACCEPTING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT RADIO COMMUNICATIONS SYSTEM
Approved Date
1/17/1989
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. <br /> � (c) PURCHASER shall n <br /> ot make copies of the Product Program except that a <br /> single reserve copy of a ma netically recorded Product Pro ram that ' <br /> g g is <br />� delivered on tape or magnetic disk media may be made to protect against <br /> Pcoduct Program destruction. PURCHASER will ceproduce and include all <br /> copyright and other proprietary notices on any copies made in accordance <br /> with MOTOROLA's or its suppliers' instructions. PURCHASER shall not <br /> .' adapt or merge the Product Programs with other programs. . <br /> (3) License Transfers. <br /> (a) In the event PURCHASER transfers an item of Equipment to a third party, <br /> PURCHASER may also transfer to the third party the license for each <br /> Product Program which runs on a processo� in such item of Equipment <br /> provided that PURCHASER transfers its entir� interest in each such item <br /> of Equipment and Product Program to the transferee and further provided <br /> that prior to such transfer, the transferee agrees in writing to be bound by <br /> the terms and conditions of this License. <br /> (b) MOTOROLA may, in the course of the transaction for the products <br /> identified in the Agreement, agre� to transfer to PURCHASER certain <br /> programs supplied to MOT�ROLA by its suppliers for use with such <br /> producss. For any such program uansfer PURCHA�ER agrees to accept <br /> th� terms and conditions of the program supplier's license agreement for <br /> such pcogcams. ; <br /> - (k) Term; Termination. I <br /> (a) My license granted hereunder may be terminated by PURCHASER upon ; <br /> . one(1) month's prior written notice. If PURCHASER is in default of any of <br /> tht te�ms and conditions hereof, any license affected thereby is <br /> automatically revoked and MOTOROLA, in addition to its other rights and <br /> remedies at law or in equity, may terminate each such license and <br /> repossess th� affected Product Programs. � <br /> (b) Within one (1) month after termination of any licens�, PURCHASER will <br /> furnish to MOTOROLA a document certifying with respect to each Product <br /> Program affe�ted by such termination that through iu best efforts the <br /> original and all copies, in whole or in part, in any form, have been <br /> destroyed. <br /> (5) Product Pro�ram Warranty. For one hundred�twenty (120) days"from the date of <br /> shipment, MOTOROLA warrants that a Ptodu�t Program shall be fre� from <br /> reproducible defects that cause the Product Program to fail to conform in a <br /> material fashion to MOTOROLA published specifications for the P�oduct <br /> Program. MOTOROLA does not warrant that the operation of a Product Program <br /> will be unintercupted or error free or that each defect in a Product Program will <br /> be corrected. This express warranty is extended by MOTOROLA Communications <br /> and Electronics., 1301 E. Algonquin Road, Schaumburg, Illinois 60196 to the <br /> origina! PURCHASER only, and only to those acquiring the Product Program for <br /> commercial, industrial or governmental use. THIS WARRANTY 1S GIVEN IN LIEU <br /> OF ALL OTHER WARRANTIES FOR THE PRODUCT PROGRAMS EXPRt55 OR <br /> IMPLIED WHICH ARE SPECIFICALLY EXCLUDtD INGLUDING, WITHOUT <br /> LIMITATION, THE 1VARRANTIES OF MERCHANTABILITY OR FITNESS FOR A <br /> PARTICULAR PURPOSE. <br /> S-t3H R11/87-1 _2_ <br />
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