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This Software License Agreement is between Motorola, Inc., a Delaware corporation <br />("Motorola"), and San Mateo County ("Licensee"). <br /> <br />SECTION 1 SCOPE <br /> <br />Licensee may acquire fi.om Motorola's Commercial, Government, and Industrial Solutions <br />Sector ("CGISS") radio communication products ("Products") that contain embedded or pre- <br />loaded Motorola software such as in a ROM, PROM, or EPROM, or other Motorola software <br />provided on media such as a floppy disk, tape, diskette, or CD-ROM. All such software <br />(including Radio Service Software and FLASHport~ Sofi-,vare) is referred to as "Motorola <br />Software." In addition, third party sofl'~vare may be included which Motorola does not own <br />but is licensed to distribute. The terms of this Agreement apply to any such third party <br />software unless an additional license agreement pertaining to the third party software is <br />enclosed, in which case the terms of such license apply to said third party sottware. This <br />Agreement contains the terms under which Licensee may use Motorola Software acquired <br />from CGISS. <br /> <br />SECTION 2 GRANT OF LICENSE <br /> <br />Motorola hereby grants to Licensee a personal, non-exclusive license under Motorola's <br />applicable proprietary rights to use Motorola Software in accordance with the terms of this <br />Agreement. <br /> <br />SECTION 3 LIMITATIONS ON USE <br /> <br />Licensee may use Motorola Sof~vare only for Licensee's internal business purposes and only <br />as described in the Motorola Soft, yarc or Product documentation. Any other use of Motorola <br />Software i's strictly prohibited and will be deemed a breach of this Agreement. Licensee may <br />not copy, modify, adapt, merge with other soft~vare, reverse eng/neer, prepare derivative <br />works of, or disassemble any Motorola Soft-ware for any reason, except that Licensee may <br />make at most two copies of Motorola Software provided with infi.astmcture equipment for <br />back-up purposes. Licensee must purchase a copy of Radio Service Software for each site at <br />which Licensee uses Radio Senfice Software; Licensee may make one additional copy for <br />each computer owned or controlled by Licensee at each such site. Licensee may temporarily <br />use Radio Service Software on portable or lap-top computers at other sites. Prior to acquiring <br />any Radio Service Software or upon Motorola's request, Licensee must provide a written list <br />of all sites where Licensee uses or intends to use Radio Service Software. Licensee must <br />reproduce all Motorola copyright and trademark notices on all copies of Motorola Sot%vare. <br /> <br />SECTION 4 TRANSFERS <br /> <br />If Licensee transfers ownership of Products to a third party, Licensee may assign its rights to <br />use'Motorola Sol~twarc (other than Radio Service Software and FLASHport® Software) <br />embedded in or furnished for use with those Products provided that (a) Licensee transfers all <br /> <br /> <br />