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REV: 12-14-23 MI <br />Motorola is providing to Licensee, and Licensee’s use of the proprietary software and <br />affiliated documentation. <br />Section 3 GRANT OF LICENSE <br />3.1 Subject to the provisions of this Agreement and the payment of applicable license <br />fees, Motorola grants to Licensee a personal, limited, non-transferable (except as <br />permitted in Section 7) and non-exclusive license under Motorola’s copyrights and <br />Confidential Information (as defined in the Primary Agreement) embodied in the Software <br />to use the Software, in object code form, and the Documentation solely in connection with <br />Licensee's use of the Designated Products. This Agreement does not grant any rights to <br />source code. <br />3.2 If the Software licensed under this Agreement contains or is derived from Open <br />Source Software, the terms and conditions governing the use of such Open Source <br />Software are in the Open Source Software Licenses of the copyright owner and not this <br />Agreement. If there is a conflict between the terms and conditions of this Agreement and <br />the terms and conditions of the Open Source Software Licenses governing Licensee’s <br />use of the Open Source Software, the terms and conditions of the license grant of the <br />applicable Open Source Software Licenses will take precedence over the license grants <br />in this Agreement. If requested by Licensee, Motorola will use commercially reasonable <br />efforts to: (i) determine whether any Open Source Software is provided under this <br />Agreement; and (ii) identify the Open Source Software (or specify where that license may <br />be found). <br />3.3 If the Designated Products being acquired by Licensee include a Microsoft SQL <br />Server or a Microsoft System Center Operations Manager, the Microsoft software for <br />these Microsoft Products is sublicensed to Licensee from Motorola and is subject to <br />additional Microsoft End-User License Agreement terms. <br />3.4 TO THE EXTENT, IF ANY, THAT THERE IS A SEPARATE LICENSE <br />AGREEMENT PACKAGED WITH, OR PROVIDED ELECTRONICALLY WITH, A <br />PARTICULAR PRODUCT THAT BECOMES EFFECTIVE ON AN ACT OF <br />ACCEPTANCE BY THE END USER, THEN THAT AGREEMENT SUPERCEDES THIS <br />SOFTWARE LICENSE AGREEMENT AS TO THE END USER OF EACH SUCH <br />PRODUCT. <br />Section 4 LIMITATIONS ON USE <br />4.1 Licensee may use the Software only for Licensee's internal business purposes <br />and only in accordance with the Documentation. Any other use of the Software is strictly <br />prohibited. Without limiting the general nature of these restrictions, Licensee will not <br />make the Software available for use by third parties on a “time sharing,” “application <br />service provider,” or “service bureau” basis or for any other similar commercial rental or <br />sharing arrangement. <br />ATTY/AGR.2023.310/Motorola (Radios) (Page 16 of 62)