Orange County NC Website
Browse       Search
25 <br /> Section 13 GENERAL <br /> 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be <br /> construed as an admission or presumption of publication of the Software or public disclosure of any trade <br /> secrets associated with the Software. <br /> 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws <br /> and regulations of the United States and Licensee will comply with all applicable kama and regulations, <br /> including export laws and regulations of the United States. Licensee will nnt, without the prior <br /> authorization of Motorola and the appropriate governmental authority of the United States, in any form <br /> export or re-export, oeA| or voseU, ship or reship, or divert, through director indirect means, any item or <br /> technical data or direct or indirect products sold or otherwise fumiuhed to any person within any territory <br /> for which the United States Government or any of its agencies at the time of the action, requires an export <br /> license or other governmental approval. Violation of this provision iva material breach of this Agreement. <br /> 13.8. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its <br /> obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or <br /> consent ofLicensee. <br /> 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent <br /> that they apply and otherwise he internal substantive laws of the State to which the Software is <br /> shipped if Licensee is aaovenoign government enthy, or the internal substantive laws of the State of <br /> Illinois if Licensee ia not a sovereign government entity. The terms Vf the U.N. Convention onContracts <br /> for the International Sale of Goods du not apply. In the event that the Uniform Computer |nhznnodon <br /> Transaction Act, any version of this Aot, or a substantially similar law (collectively "UC|TA") becomes <br /> applicable to aparty's performance under this Agreement, UCRAdoea not gmmm any aspect of this <br /> Agreement or any license granted under this Agreement, or any ofthe parties' rights or obligations under <br /> this Agreement. The governing law will be that in effect prior to the applicability nfUC|TA. <br /> 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of <br /> Motorola and Licensee. No third party has the right to make any claim or assert any right under this <br /> Agreement, and n third party is deemed a beneficiary ofthis Agreement. Notwithstanding the foregoing, <br /> any licensor or supplier of third party software included in the Software will be a direct and intended third <br /> party beneficiary mf this Agreement. <br /> 13.6. SURVIVAL. Sections 4^ 5. G.O. 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 <br /> Primary Agreement, the pacbma agree that this Exhibit pnevais, only with respect to the specific subject <br /> matter ofthis Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other <br /> subject matter. <br /> 13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and <br /> the acquisition of third party Software to limit Security Vulnerabilities. While no software can be <br /> guaranteed to bo free from Security Vulnerabilities, ifa Security Vulnerability ia discovered, Motorola will <br /> take the steps set forth in Section Gof this Agreement. <br /> mnmm|a.ce*.rewsinn.10.22.12doo 17 <br /> Motorola Contract No.________ <br />