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Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms <br /> and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses <br /> governing Licensee's use of the Source Sofware, the terms and conditions of the license grant of <br /> the applicable Open Source Software Licenses will take precedence over the license gnon|o in this <br /> Agreement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine <br /> whether any Open Source Sofkmona is provided under this Agreement; (ii) identify the [)pen Source <br /> Software and provide Licensee a copy of the applicable Open Source Software License (or specify where <br /> that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, <br /> without charge, if it is publicly available (although distribution fees may be applicable). <br /> Section LIMITATIONS ON USE <br /> 4.1. Uoenoaa may use the Software only for Licensee's internal business purposes and only in <br /> accordance with the Documentation. Any other use cf the Software io strictly prohibited. Without limiting <br /> the general no1uno of these nestriu1ions. Licensee will not make the Software available for use by third <br /> parties on a ^Umw sharing," "application service provider," or "service bureau" basis or for any other <br /> similar commercial rental or sharing arrangement. <br /> 4.2. Lkm/naea will not, and will not a|/ow or enable any third party 0o: (i) reverse anginaer, <br /> disassemble, peel components, clecompile, reprogram or otherwise reduce the Software or any portion to <br /> u human perceptible form or otherwise attempt to naoneabe the source code; (ii) modify, adapt, create <br /> derivative works of, or merge the Software; (iii) oopy, reproduce, distribute, /end, nr lease the Software nr <br /> Dnoumentation0manythirdpaUy, grantonysub|icanomnrnthorhghtointheSpfwaneorDouumentation <br /> to any third party, or take any action that would cause the Software or Documentation to be placed in the <br /> public domain; (iv) remove, or in any way after or obscure, any copyright notice or other notice of <br /> Motorola's proprietary rights; (v) provide, oopy, transmit, disc|osw, divulge or make the Software or <br /> Documentation available to' or permit the use of the Software by any third party or on any machine <br /> except an oxpoaoa(y authorized by this Agreement; or (vi) uun, or permit the use of` the Software in a <br /> manner that would result in the production of a copy of the 8oMvvane solely by activating a machine <br /> containing the Software. Licensee may make one copy ofSoftware to be used solely for archival, back- <br /> up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at <br /> the same time as the original Software is being operated. Licensee may make as many copies of the <br /> Documentation as it may reasonably require for the internal use of the Software. <br /> 4.3. Unless otherwise authorized by Motorola in writing, Licensee will not, and will not enable urallow <br /> any hind (i) install a licensed copy of the Software <br /> Product; or(ii) copy onto or transfer Software installed in one unit of a Designated Product onto one other <br /> device. Licensee may temporarily transfer Software installed on a Designated Product to another device <br /> if the Designated Product is inoperable or malfunctioning, if Licensee provides written notice to Motorola <br /> of the temporary transfer and identifies the device on which the Software is transferred. Temporary <br /> transfer of the Software to another device must be discontinued when the original Designated Product is <br /> returned to operation and the Software must be removed from the other device. Licensee must provide <br /> prompt written notice to Motorola at the time temporary transfer is discontinued. <br /> 4.4. When using Motorola's Radio Service Software (^R33"). Licensee must purchase o separate <br /> license for each location a1 which Licensee uses RSS. Licensee's use ofRG8cta licensed location does <br /> not entitle Licensee to use or access RS8 remotely. Licensee may make one copy of R8G for each <br /> licensed location. Licensee shall provide Motorola with a list ufall locations at which Licensee uses or <br /> intends to use R8@ upon Motorola's request. <br /> 4.5. Licensee will maintain,during the term of this Agreement and for a period cf two years thereafter, <br /> accurate records relating to this license grant to verify compliance with this Agreement. K4ntonu!a or an <br /> independent third party("Auditor") may inspect Licensee's premises, books and records, upon reasonable <br /> prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and <br /> security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. <br /> Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the <br /> wommla.cSA.mnxsinn.10.22.12.dpn 14 <br /> Motorola Contract No.__________ <br />