c. Contract approval
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c. Contract approval
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<br />3.3. Concerning Motorola's Radio Service Software ("RSS"), if applicable, Licensee must purchase a <br />copy for each location at which Licensee uses RSS. Licensee's use of RSS at an authorized location <br />does not entitle Licensee to use or access the RSS remotely. Licensee, may make one additional copy <br />for each computer owned or controlled by Licensee at each authorized location. Upon Licensor's written <br />request, Licensee must provide to Licensor a written list of all locations where Licensee uses or intends to <br />use RSS. <br /> <br />Section 4 <br /> <br />OWNERSHIP AND TITLE <br /> <br />Title to all copies of Software will not pass to Licensee at any time and remains vested exclusively in the <br />copyright owner. The copyright owner owns and retains all of its proprietary rights in any form concerning <br />the Software and Documentation, including all rights in patents, patent applications, inventions, <br />copyrights, trade secrets, trademarks, trade names, and other intellectual properties (including any <br />corrections, bug fixes, enhancements, updates, or modifications to or derivative works from the Software <br />whether made by Licensor or another party, or any improvements that result from Licensor's processes <br />'or, if applicable, providing information services). Nothing in this Agreement is intended to restrict the <br />proprietary rights of Licensor or to grant by implication or estoppel any proprietary rights. All intellectual <br />property developed, originated, or prepared by Licensor in connection with providing to Licensee <br />Software, Products, Documentation, or related services remain vested exclusively in Licensor, and this <br />Agreement does not grant to Licensee any shared development rights of intellectual property. <br /> <br />Section 5 <br /> <br />CONFIDENTIALITY <br /> <br />Licensee acknowledges that the Software and Documentation contain Licensor's valuable proprietary and <br />Confidential Information and are Licensor's trade secrets, and that the provisions in the Agreement <br />concerning Confidential Information apply. <br /> <br />Section 6 <br /> <br />LIMITED WARRANTY <br /> <br />6.1. The commencement date and the term of the Software warranty will be as stated in the Primary <br />Agreement, except t hat the Warranty Period for P rintrak's L iveScan software will be 90 days; a nd for <br />application Software that is provided on a per unit basis, the Warranty Period for subsequent units <br />licensed is the remainder (if any) of the initial Warranty Period or, if the initial Warranty Period has <br />expired, the remainder (if any) of the term of the applicable Software Maintenance and Support <br />Agreement. <br /> <br />6.2. During the applicable Warranty Period, Licensor warrants that the unmodifj~d Software, when <br />used properly and in accordance with the Documentation and this Agreement, will be free from a <br />reproducible defect that eliminates the functionality or successful operation of a feature critical to the <br />primary functionality or successful operation of the Software. Whether a defect occurs will be determined <br />solely with reference to the Documentation. Li~ensor does not warrant that Licensee's use of the <br />Software or Products will be uninterrupted or error-free or that the Software or the Products w ill meet <br />Licensee's particular requirements. Warranty claims are described in the Primary Agreement. <br /> <br />6.3. LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING <br />THE IMPLIED WARRANTIES OF MERCHANTABILITY AND fiTNESS FOR A PARTICULAR <br />PURPOSE. THE TRANSACTION COVERED BY THIS AGREEMENT IS A LICENSE AND NOT A SALE <br />OF GOODS. <br /> <br />Section 7 <br /> <br />LIMITATION OF LIABILITY <br /> <br />The Limitation of Liability provision is described in the Primary Agreement. <br /> <br />CSA.FINAL.Set.1.1.0.05.revision.doc <br />Motorola Contract No. <br /> <br />2 <br />
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