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Agreement and must specify the pricing and delivery terms. Notwithstanding any additional or contrary <br /> terms in the order, the applicable provisions of this Agreement (except for pricing, delivery, passage of <br /> title and risk of loss to Equipment, warranty commencement, and payment terms) will govern the <br /> purchase and sale of the additional Equipment or Software. Title and risk of loss to additional Equipment <br /> will pass at shipment, warranty will commence upon delivery, and payment is due within twenty (20)days <br /> after the invoice date. Motorola will send Customer an invoice as the additional Equipment is shipped or <br /> Software is licensed. Alternatively, Customer may register with and place orders through Motorola Online <br /> ("MOL"), and this Agreement will be the "Underlying Agreement" for those MOL transactions rather than <br /> the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at <br /> https://businessonline.motorola.com and the MOL telephone number is(800)814-0601. <br /> 3.5. MAINTENANCE SERVICE. During the Warranty Period, in addition to warranty services, <br /> Motorola will provide maintenance services for the Equipment and support for the Motorola Software <br /> pursuant to the Statement of Work set forth in Exhibit D. Those services and support are included in the <br /> Contract Price. If Customer wishes to purchase additional maintenance and support services for the <br /> Equipment during the Warranty Period, or any maintenance and support services for the Equipment <br /> either during the Warranty Period or after the Warranty Period, the description of and pricing for the <br /> services will be set forth in a separate document. If Customer wishes to purchase extended support for <br /> the Motorola Software after the Warranty Period, it may do so by ordering software subscription services. <br /> Unless otherwise agreed by the parties in writing, the terms and conditions applicable to those <br /> maintenance, support or software subscription services will be Motorola's standard Service Terms and <br /> Conditions, together with the appropriate statements of work. <br /> 3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to <br /> Customer solely in accordance with the Software License Agreement. Customer hereby accepts and <br /> agrees to abide by all of the terms and restrictions of the Software License Agreement. <br /> 3.7. NON-MOTOROLA SOFTWARE. Any Non-Motorola Software is licensed to Customer in <br /> accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date <br /> unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software <br /> pursuant to the Software License Agreement, in which case it applies and the copyright owner will have <br /> all of Licensor's rights and protections under the Software License Agreement. Motorola makes no <br /> representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may <br /> include Open Source Software. All Open Source Software is licensed to Customer in accordance with, <br /> and Customer agrees to abide by, the provisions of the standard license of the copyright owner and not <br /> the Software License Agreement. Upon request by Customer, Motorola will use commercially reasonable <br /> efforts to determine whether any Open Source Software will be provided under this Agreement; and if so, <br /> identify the Open Source Software and provide to Customer a copy of the applicable standard license (or <br /> specify where that license may be found); and provide to Customer a copy of the Open Source Software <br /> source code if it is publicly available without charge (although a distribution fee or a charge for related <br /> services may be applicable). <br /> 3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, <br /> Software, or services to be provided by Motorola, if the substitute meets or exceeds the Specifications <br /> and is of equivalent or better quality to the Customer. Any substitution will be reflected in a change order. <br /> 3.9. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" <br /> exhibit is shown in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. <br /> During the term of the option as stated in the Priced Options exhibit (or if no term is stated, then for one <br /> (1) year after the Effective Date), Customer has the right and option to purchase the equipment, software, <br /> and related services that are described in the Priced Options exhibit. Customer may exercise this option <br /> by giving written notice to Seller which must designate what equipment, software, and related services <br /> Customer is selecting (including quantities, if applicable). To the extent they apply, the terms and <br /> conditions of this Agreement will govern the transaction; however, the parties acknowledge that certain <br /> provisions must be agreed upon, and they agree to negotiate those in good faith promptly after Customer <br /> delivers the option exercise notice. Examples of provisions that may need to be negotiated are: specific <br /> OrangeCountyNC.CSA.5.21.13 3 <br /> Motorola Contract No.79894/CB <br />