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E2xmKIT D <br /> SOFTWARE SUBSCRIPTION AGREEMENT <br /> <br /> This Motorola Software Subscription Agreement ("Agreement") is between Motorola, <br /> Inc., a Delaware corporation ("Motorola") by and through its Commercial, <br /> Government, Industrial Solutions Sector (CGISS) and San Mateo County <br /> ("Customer"). <br /> <br />Section 1 Definitions <br /> <br />"Core Release" - A new version of Sot~ware which adds Features and major enhancements. <br />These new versions are signified by changes to the first digit of the version identifier number <br />(e.g. SmartZone 2.0.3 to SmartZone 3.0). <br />"Enhancement Release" - A superseding issue of Software which adds to, improves, or <br />enhances the performance of Software Features contained in the then currently shipping <br />Software version. These releases are signified by changes to the second or third digit of the <br />version identifier number (e.g. SmartZone 3.1 to SmartZone 3.2; Private DataTAC 2.0.1 to <br />2.0.2). <br />"Feature" - A Software functionality. <br />"Standard Feature" - An additional software functionality for components of Customer's <br />system that is available to Customer in the standard soft~vare release. <br />"Optional Feature" - An additional software functionality issued with a Core Release that is <br />available to Customer at additional cost. <br /> "Special Product Feature" - Features specially developed for Customer which contain <br /> Customer unique functionality. <br /> <br />Section 2 Subscription Program <br /> <br /> During the term of this Agreement including the ESS Period, Motorola will provide <br /> Customer with the software subscription services described below ("Software <br /> Subscription Program") for upgrade capable Motorola communication equipment that <br /> is in the Customer configuration identified in Attachment 1 to this Agreement. Non- <br /> Motorola manufactured software, Non-CGISS software, and Radio Service Software <br /> (RSS), are excluded fi.om the Software Subscription Program. <br /> <br /> A. Motorola will provide periodic Motorola Software Enhancement Releases <br /> applicable to Features currently provided to Customer by Motorola under a <br /> Software License Agreement. Customer is responsible for the purchase of <br /> additional hardware that is necessary to upgrade to the newly issued <br /> Enhancement Release. <br /> B. Motorola will provide those Standard Features included in a Core Release <br /> which apply to Customer's existing system components. Customer is <br /> responsib!e for the purchase and license of additional products, hardware, <br /> anc~ or so~:ware that are necessary to migrate to the newly issued Core Release. <br /> C. Optional Features issued with a Core Release are not provided pursuant to the <br /> Software Subscription Program but are available to Customer, as a Program <br /> <br /> 32 <br /> <br /> <br />