HomeMy WebLinkAboutMOTOROLA MOBILE DATA USER AGREEMENT
MOBILE DATA USER AGREEMENT
THIS MOBILE DATA USER AGREEMENT including all Attachments hereto (the "User Aqreement") effective
January 6. 2009 (the "Effective Date") is entered into by and between Motorola, Inc. ("Motorola"), a Delaware corporation,
which provides management services for a cost sharing, wide-area 800 MHz trunked voice radio system throughout
portions of South Carolina and Georgia (the "Wide-Area Network"), and is also manager of the Mobile Data Network
(hereinafter "Mobile Data Network" or "Network") comprised of facilities authorized by Federal Communicatons
Commission ("FCC") licenses held by Licensees (hereinafter defined; AUQusta Richmond County (hereinafter "User"), a
body politic which will utilize the Mobile Data Network; and SCANA Communications, Inc., a South Carolina corporation;
South Carolina Electric and Gas, a South Carolina corporation; Augusta/Richmond County, Georgia, a body politic; State
of South Carolina, a body politic; County of Lexington, South Carolina, a body politic; County of Spartanburg, South
Carolina, a body politic; County of Charleston, South Carolina, a body politic; County of Jasper, South Carolina, a body
politic; and County of Richland, South Carolina, a body politic (collectively, "Licensees"), which hold the licenses on the
Mobile Data Network which User will utilize. This User Agreement is subject to acceptance by Motorola. No additions or
subtractions by User to this User Agreement are acceptable unless and until expressly agreed upon by Motorola.
WHEREAS, the South Carolina State Contract provides that Motorola will operate and manage a cost sharing,
wide-area 800 MHz trunked voice radio system throughout portions of South Carolina and Georgia; Motorola will operate
and manage the Mobile Data Network as a cost shared system.
WHEREAS, Licensees have appointed Motorola as Licensees' agent collectively and individually, for purposes of
entering into this User Agreement to govern use of Licensees' radio stations in accordance with the requirements of
Section 90.179(d) of the FCC's rules; and
WHEREAS, User desires service on the Mobile Data Network pursuant to the terms of this User Agreement; and
WHEREAS, by separate agreement, Licensee may contribute Licensee's own licenses to the Mobile Data Network
and contract with Motorola for management services.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises herein contained, and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Motorola, User, and the
Licensees hereby covenant and agree as follows:
1. ACCEPTANCE
This document, including any attachments, is an offer by User which will become a contract when accepted in
writing by an authorized employee of Motorola. The banking, negotiation or other use of any payment by Motorola shall
not constitute an acceptance hereof by Motorola. It is agreed that service will be provided only on the terms and conditions
herein. Neither Motorola nor the Licensees shall be bound by the terms and conditions in User's purchase order or
elsewhere unless expressly agreed to in writing. Acceptance of services hereunder shall constitute an acceptance of
these terms and conditions.
2. BASIC MOBILE DATA SERVICES
2.1 User has requested basic mobile data services and Motorola agrees to provide, (Basic Mobile Data
Services include car-to-car messaging, chat, and NCIC lookup). Advanced services and pricing will be listed in detail on
Attachment A. User and Motorola understand and agree that User shall load on the system the data units specified in 2.2
pursuant to the schedule set forth in that section (User may load the specified data units onto the Network in advance of
the schedule with prior coordination with Motorola).
2.2 User agrees to pay for the services provided, on a cost-shared basis in accordance with Section 90.179 of
the Federal Communications Commission ("FCC"), 47 C.F.R. S 90.179 (1995). Billing will commence on the first day of
the calendar month after service is available to the User. Any partial month or partial service or coverage will be prorated.
The User and Motorola understand and agree that User may load Mobile Data units on the system as it desires for a flat
monthly fee as is indicated below. The User shall be responsible to coordinate all system loading with Motorola. Network
unit loading will be limited to the equipment resources provided in this agreement.
Date to Activate
Number of Mobile Data Units
Monthlv Service Charqes Due
As needed
No minimum requirement
$7,500.00 per month for four (4)
Site coverage
2.3 User understands and agrees that any and all programming of User equipment or other related expenses
associated with the service provided to User under this User Agreement shall be the responsibility of and paid for by User.
2.4 The User understands and agrees that NCIC (National Crime Information Center), Georgia Crime
Information Center (GCIC) access, CAD (Computer Aided Dispatch), RMS (Records Management System), access to
information, security, maintenance of Users equipment, installation and software for the Mobile Data system and any
required data line (telephone lines) connections to the system will be the responsibility of the User.
2.5 Motorola and the User agree that Motorola shall manage a Motorola DataTac™ wireless Mobile Data
Network with data rates as high as 19.2 Kbps with a wireless data protocol (RD-LAP). The wireless network will support a
wide variety of User provided applications including mobile data and AVL. The User understands that the unit capacity at
each site may vary and change based on the number and type of applications selected by the User.
2.6 The User understands that Motorola has included in the monthly service charge, single T-1 service from
the PalmettoNet fiber POP located in Augusta, GA, to the mobile data RNC switch in Columbia. The User agrees to
provide the connection from the PalmettoNet location to the Augusta-Richmond network equipment. The User shall be
responsible for the connection and maintenance of the User's fiber/T-1 connection from the PalmettoNet POP location to
the User's equipment. If additional bandwidth beyond one T-1 is required the User and Motorola shall negotiate a
separate agreement for the additional bandwidth.
2.7 Motorola and the User understand and agree that Motorola shall provide four (4) mobile data transmitter
sites (Augusta, North Augusta, McBean and Blythe) and associated Network maintenance. The Network equipment shall
be located adjacent to the Motorola 800 MHz voice network equipment. Each site shall be equipped with one (1) mobile
data transmitter for the service charge quoted. Motorola will utilize capacity within the existing T-1 's of the voice system to
connect the transmitter sites to the mobile data RNC switch located in Columbia, SC. The User shall be responsible for all
field equipment (mobile data units & mobile transmitters) its maintenance, installation and software.
3. REGULATORY ISSUES
3.1 It shall be the responsibility and obligation of User to seek all approvals including federal, state, county,
municipal or other governmental authority having jurisdiction over User in order to enter into this User Agreement.
3.2 User understands that, subject to the approval of the FCC, numerous entities, including, but not limited to,
utilities, Public Safety users and Special Emergency users, will utilize the Mobile Data Network. A waiver has been
obtained from the FCC, which waives the FCC's eligibility rules to allow Power Radio and Public Safety/Special Emergency
eligibles to share certain radio stations as part of the Wide-Area Voice Network. The obligations of Motorola hereunder
are contingent upon approval of any additional regulatory action required by the FCC.
3.3 User understands that pursuant to the FCC's rules, only certain entities are qualified to utilize the Network.
User represents and warrants that it will meet all FCC eligibility requirements to utilize the Network during the term of this
User Agreement.
3.4 User understands and acknowledges that some or all of the licenses pursuant to which the Wide-Area
Network operates are held by the Licensees. The User further understands that the Wide-Area and Mobile Data Network
will be operated on a shared-usage basis, in accordance with Section 90.179(d) of the FCC's rules. The method of
operation for the Network is that Users and others will utilize, share the costs associated with, and share the capacity of,
the Wide-Area and Mobile Data Network. Costs will be apportioned as set forth in Section 2 above. User acknowledges
that all shared transmitter use must be subject to Licensees' control. The components of the Network are the licenses,
stations, T-1 's and associated equipment belonging to or leased to Motorola.
3.5 User understands that Motorola and/or the Licensees can discontinue service, remove one or more
licenses from the Network, or take any other steps that they reasonably believe are in the best interests of the Network or
is necessary to comply with any federal, state, or local law, order, or directive. Any such action shall not give rise to any
claim on the part of User against Motorola or the Licensees.
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.. 4. TERM
This Agreement will remain in full force and effect from the effective date shown and shall expire (''Termination
Date") upon the earliest to occur of (a) two (2) years from the effective date; or (b) the last day of any Renewal Period
(defined below). Unless either party notifies the other in writing of its intent not to renew this Agreement with the same
terms and conditions set forth herein, at least 180 days prior to any potential Termination Date, this Agreement shall
automatically extend for one successive two (2) year term ("Renewal Period"). Thereafter, this Agreement shall
automatically extend for successive one (1) year periods provided; either party may terminate this agreement on written
notice to the other party one-hundred eighty (180) days prior to the end of any such extension/renewal period sent by
certified mail to the address indicated herein. This Agreement shall terminate immediately and without notice if the
frequency authorization(s) under which service is(are) provided are revoked by the FCC.
5. ASSIGNMENT; SUBCONTRACT
This Agreement is a privilege for the personal benefit of User and may not be assigned in whole or in part by User
to any other person or entity. Motorola reserves the right to assign this Agreement or subcontract any of its obligations
hereunder. No Licensee will transfer a license associated with the Network unless the proposed transferee agrees to be
bound by this Agreement.
6. COVENANTS OF USER
User agrees (a) to observe and abide by all applicable statutes, laws, ordinances, rules and regulations, including
but not limited to those of the FCC, (b) to operate its radios and any related equipment so as not to cause undue
interference with any other users using the Network. User recognizes that applicable FCC rules and other statutes, laws,
ordinances, rules and regulations may change from time to time and that, accordingly, Motorola in its sole discretion has
the right without liability to modify this User Agreement to comply with any such changes, and (c) to satisfy all requirements
(hardware and software upgrades and security requirements) as dictated by the Georgia Crime Information Center in order
to have access to portions of the basic and/or advanced mobile data services.
7. COVERAGE
7.1 System coverage prediction is based on the knowledge of the propagation of radio signals, and the ways
in which they are attenuated as they travel through the atmosphere, over terrain, through trees, around buildings, and
around various obstacles. Predicted coverage is dependent on many factors including the following: (1) transmitter
power; (2) receiver sensitivity; (3) antenna gains; (4) transmission line loss; (5) antenna height; (6) noise; (7) tree density;
(8) buildings; (9) terrain variations; and (10) atmospheric conditions. Coverage is also dependent on User factors
including: (1) antenna type and location; (2) radio modem programming; (3) maintenance of the radio modem and (4)
firmware version.
7.2 User acknowledges that one hundred percent (100%) coverage of any area at all times is improbable.
Testing and experience with actual field conditions indicate adverse propagation conditions, such as short-term
unpredictable meteorological effects and sky wave interference from distant stations, can interrupt service at any time.
Such events are beyond the reasonable control of Motorola and the Licensees. Other causes beyond the reasonable
control of Motorola and the Licensees include but are not limited to motor ignition and other electrical noise that could be
minimized by corrective devices at User's expense.
8. DEFAULT AND REMEDIES
8.1 If User fails to make any payment of any sum due or fails to perform as required by any other provision
hereunder, and continues in such failure for fifteen (15) days after written notice has been sent by Motorola to User, the
User shall be deemed in default under this User Agreement.
8.2 In the event of default, Motorola has the right, at its option, to immediately terminate this User Agreement,
retain all payments made hereunder, deny User any service provided by the radio system or systems identified herein, and
impose a separate charge for disconnect and a separate charge for reconnect expenses, each in the same amount stated
as the initial activation charge on Attachment A. If disconnect takes place, User may also be subjected to additional costs
for reprogramming its equipment. Each and all of the rights and remedies of Motorola hereunder are cumulative to, and
not in lieu of, each and every other such right and remedy and every other right and remedy afforded by law and equity.
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,. 9. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF REMEDIES
9.1 WITH RESPECT TO EQUIPMENT WITHIN THE SCOPE OF THIS USER AGREEMENT, MOTOROLA
HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, DIRECT OR INDIRECT, EXPRESS OR IMPLIED,
WRITTEN OR ORAL, IN CONNECTION WITH SUCH EQUIPMENT OR SERVICE (WHETHER PURCHASED OR
LEASED BY USER FROM MOTOROLA OR ANOTHER), INCLUDING BUT NOT LIMITED TO, ANY AND ALL EXPRESS
AND IMPLIED WARRANTIES OF SUITABILITY, DURABILITY, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. MOTOROLA TO THE EXTENT PERMITTED BY LAW ASSIGNS TO USER ANY AND ALL
MANUFACTURERS' WARRANTIES RELATING TO EQUIPMENT PURCHASED BY USER, IF ANY, AND USER
ACKNOWLEDGES RECEIPT OF ANY AND ALL SUCH MANUFACTURERS' WARRANTIES.
9.2 USER ACKNOWLEDGES AND AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY IN
CONNECTION WITH ANY DEFECTS IN ANY EQUIPMENT, INCLUDING MANUFACTURE OR DESIGN, SHALL BE
AGAINST THE MANUFACTURER OF THE EQUIPMENT UNDER THE MANUFACTURERS' WARRANTIES AND THAT
MOTOROLA UNDER THIS USER AGREEMENT SHALL HAVE NO LIABILITY TO USER IN ANY EVENT FOR ANY
LOSS, DAMAGE, INJURY, OR EXPENSE OF ANY KIND OR NATURE RELATED DIRECTLY OR INDIRECTLY TO ANY
SUCH EQUIPMENT OR SERVICE PROVIDED HEREUNDER. WITHOUT LIMITING THE ABOVE, MOTOROLA UNDER
THIS USER AGREEMENT SHALL HAVE NO LIABILITY OR OBLIGATION TO USER, IN EITHER CONTRACT OR
TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY USER, SUCH
AS, BUT NOT LIMITED TO, CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE,
LOSS OF ANTICIPATED PROFITS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC
LOSSES OF ANY KIND RELATED TO ANY SUCH EQUIPMENT OR RADIO SERVICE DESCRIBED HEREIN,
WHETHER OR NOT CAUSED BY MOTOROLA'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED
BY LAW. ANY REFERENCES TO EQUIPMENT IN THIS PARAGRAPH SHALL BE DEEMED TO APPLY TO ALL
EQUIPMENT PURCHASED BY USER OR LEASED BY USER FROM MOTOROLA, IF ANY, OR ANOTHER LESSOR.
10. INTERRUPTION OF SERVICE; FORCE MAJEURE
Notwithstanding any other provision of this User Agreement, neither Motorola nor the Licensees shall be liable to
User or any other person for any loss or damage, regardless of cause, for interruption or loss of radio service except as
described in Section 12 hereof. Motorola and the Licensees do not assume and shall have no liability under this User
Agreement for failure to provide, or delay in providing, service due directly or indirectly to causes beyond the control of
Motorola and/or the Licensees or their subcontractors, including but not restricted to, acts of God, or governmental entities,
or of the public enemy, strikes, or unusually severe weather conditions. In the event of any failure or delay attributable to
the fault of Motorola, the Licensees or their subcontractors, User's sole remedy shall be limited as is more fully described
in Section 12 below.
11. LIMITATIONS OF LIABILITY; INDEMNIFICATION
11.1 USER UNDERSTANDS AND ACKNOWLEDGES THAT (A) ALTERNATIVE MEANS OF
COMMUNICATION ARE AVAILABLE TO USER; (B) OCCASIONAL INTERRUPTIONS OR IRREGULARITIES IN THE
SERVICE MAY OCCUR; AND (C) ANY POTENTIAL HARM FROM INTERRUPTIONS OR IRREGULARITIES IN THE
SERVICE IS SPECULATIVE IN NATURE. THE NETWORK CANNOT PROVIDE RADIO SERVICE OR MOBILE DATA
SERVICE AT RATES WHICH REFLECT ITS VALUE TO EACH USER, AND NEITHER MOTOROLA NOR LICENSEES
ASSUME RESPONSIBILITY OTHER THAN THAT CONTAINED IN THIS USER AGREEMENT. ACCORDINGLY, USER
AGREES THAT EXCEPT AS LIMITED BY LAW, MOTOROLA'S AND LICENSEES' SOLE LIABILITY FOR LOSS OR
DAMAGE ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN THE
SERVICE OR TRANSMISSION OF SERVICE PROVIDED BY THE NETWORK AND/OR MOTOROLA AND/OR THE
LICENSEES OR ANY CARRIER, OR FOR LOSSES OR DAMAGES ARISING OUT OF THE FAILURE OF MOTOROLA
OR ANY CARRIER TO MAINTAIN PROPER STANDARDS OR MAINTENANCE AND OPERATION SHALL BE AS
FOLLOWS:
(i) A CREDIT ALLOWANCE, AS DESCRIBED IN SUBSECTION (12)(a)(iii) BELOW, WILL BE
MADE AT USER'S REQUEST IN THE FORM OF A PRO-RATA ADJUSTMENT OF THE FIXED MONTHLY CHARGES
BILLED TO USER. FIXED MONTHLY CHARGES ARE THE MONTHLY CHARGES PAID BY USER FOR SERVICE
FROM THE NETWORK. ANY REQUEST MUST BE MADE WITHIN SIXTY DAYS OF ACTUAL BILLING.
(ii) SUCH CREDIT ALLOWANCE WILL BE BASED UPON THE PERIOD OF TIME DURING WHICH
SUCH MISTAKES, OMISSIONS, DELAYS, ERRORS AND DEFECTS IN THE SERVICE OR ITS TRANSMISSIONS
CAUSED INTERRUPTIONS IN THE RENDERING OF THE SERVICE. ANY SUCH PERIOD OF TIME AN
INTERRUPTION OCCURS WILL BE MEASURED FROM THE TIME IT IS REPORTED TO OR DETECTED BY
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MOTOROLA, WHICHEVER OCCURS FIRST. IN THE EVENT USER IS AFFECTED BY SUCH INTERRUPTION FOR A
PERIOD OF LESS THAN 48 HOURS, NO SUCH ADJUSTMENT SHALL BE MADE. WHEN AN INTERRUPTION
EXCEEDS 48 HOURS, THE LENGTH OF THE INTERRUPTION WILL BE MEASURED IN 24 HOUR (DAY) INTERVALS.
A FRACTION OF A DAY CONSISTING OF LESS THAN 12 HOURS WILL NOT BE CREDITED, BUT A PERIOD OF 12
HOURS OR MORE WILL BE CONSIDERED AN ADDITIONAL DAY.
(iii) THE CREDIT ALLOWANCE WILL BE COMPUTED BY DIVIDING THE LENGTH OF THE
SERVICE INTERRUPTION BY A STANDARD 30 DAY MONTH AND THEN MULTIPLYING THE RESULT BY USER'S
FIXED MONTHLY CHARGES FOR EACH RADIO SET TO WHICH SERVICE WAS INTERRUPTED. IN NO CASE WILL
THE CREDIT EXCEED THE FIXED MONTHLY CHARGES.
(iv) A CREDIT ALLOWANCE WILL NOT BE GIVEN FOR MISTAKES, OMISSIONS,
INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS, OR CURTAILMENTS IN THE SERVICE CAUSED BY THE
NEGLIGENCE OR WILLFUL ACT OF USER OR OTHER PARTIES OR MISTAKES, OMISSIONS, INTERRUPTIONS,
DELAYS, ERRORS, OR DEFECTS CAUSED BY FAILURE OF EQUIPMENT OR SERVICE NOT PROVIDED BY
MOTOROLA.
(v) THE SERVICE FURNISHED BY MOTOROLA, IN ADDITION TO THE LIMITATIONS SET
FORTH PRECEDING, IS ALSO SUBJECT TO THE FOLLOWING LIMITATION: THE LIABILITY OF MOTOROLA FOR
LOSS OR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR
DEFECTS IN THE SERVICE, ITS TRANSMISSION OR FAILURES OR DEFECTS IN FACILITIES OF THE
UNDERLYING CARRIER, OCCURRING IN THE COURSE OF FURNISHING SERVICE AND NOT CAUSED BY THE
NEGLIGENCE OF THE AUTHORIZED USER, OR THE UNDERLYING CARRIER IN FAILING TO MAINTAIN PROPER
STANDARDS OF MAINTENANCE AND OPERATION AND TO EXERCISE REASONABLE SUPERVISION, SHALL IN
NO EVENT EXCEED AN AMOUNT EQUIVALENT TO THE PROPORTIONATE FIXED MONTHLY CHARGE TO THE
AUTHORIZED USER FOR SERVICE DURING THE PERIOD OF TIME IN WHICH SUCH MISTAKES, OMISSIONS,
INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS IN SERVICE, ITS TRANSMISSION OR FAILURES OR DEFECTS
IN FACILITIES FURNISHED BY MOTOROLA OR THE UNDERLYING CARRIER OCCURRED.
11.2 Neither Motorola nor the Licensees shall in any event be liable for service or equipment interruptions or
delays in transmission, errors or defects in service or equipment when caused by acts of God, fire, war, riots, government
authorities, default of supplier or other causes beyond their or any carrier's control.
11.3 User acknowledges that the radio service provided hereunder uses radio channels to transmit voice and
data communications and that the service may not be completely private. Neither Motorola nor the Licensee shall be liable
to User for any claims, loss, damages or cost which may result from lack of privacy on the system.
11.4 User hereby agrees to indemnify and hold Motorola and the Licensees harmless against claims for libel,
slander, infringement or copyright from the material, in any form, transmitted over the radio system by User or those using
User's equipment; against claims for infringement of patents arising from, combining or using apparatus or systems of the
User with the facilities of Motorola and/or the Licensees or any carrier; and against all other claims arising out of any act or
omission of User in connection with the facilities or service provided by Motorola and/or the Licensees.
11.5 Neither Motorola nor the Licensees are liable for any damage, accident, injury or the like occasioned by
the use of the radio service or the presence of equipment, including 800 MHz radio handsets, Mobile Data Units, and other
devices, facsimile units, and ancillary equipment of User and/or Motorola and/or the Licensees, except as provided herein.
11.6 Neither Motorola nor the Licensees are liable for any defacement or damage to User's motor vehicle(s) or
any personal or real property resulting from the presence of 800 MHz radio, Mobile Data and ancillary equipment.
11.7 THE LIABILITY OF MOTOROLA AND THE LICENSEES IN CONNECTION WITH THE SERVICE
PROVIDED IS SUBJECT TO THE FOREGOING LIMITATIONS AND MOTOROLA AND THE LICENSEES MAKE NO
WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE PROVISION OF SUCH SERVICE.
11.8 User agrees to release, defend, indemnify and hold harmless Motorola and the Licensees, as well as their
officers and employees, to the full extent permitted by law from and against any and all claims, damages, liabilities and
expenses, including, legal and attorney fees, of any nature arising directly or indirectly out of this User Agreement
including, without limitation, claims for personal injury or wrongful death to User or other users of the equipment, products
or services provided by Motorola and/or the Licensees or used in conjunction with such equipment, products or services
and arising out of the manufacture, purchase, operation, conditions, maintenance, installation, return or use of the
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.. equipment or Service arising by operation of law, whether the claim is based in whole or in part on negligent acts or
omissions of Motorola, and/or their Licensees, or their agents or employees.
12. NOTICES
Any notice or demand required or permitted to be given or made hereunder shall be given or made by certified or
registered mail to the addresses shown immediately below the signature of the parties signatory to this Agreement. Any
party may, from time to time, designate any other address for this purpose by written notice to the other party.
13. WAIVER
Failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder shall not
operate as a waiver thereof. A waiver, to be effective, must be in writing and signed by the party making the waiver. A
written waiver of a default shall not operate as a waiver of any other default or of the same type default on a future
occasion.
14. GENERAL
No revision of this User Agreement, including any attachments hereto, shall be valid unless made in writing and
signed by an authorized employee of Motorola, as system manager, and an authorized agent of User. This User
Agreement constitutes the entire agreement of the parties and shall supersede all prior offers, negotiations and
agreements. If any provision of this User Agreement or the application thereof to any person or circumstance shall, at any
time or to any extent, be invalid or unenforceable, the remainder of this User Agreement shall not be affected thereby.
This User Agreement is exclusively for the benefit of the parties hereto and shall, under no circumstances, be deemed to
benefit any other party whatsoever. This User Agreement shall be construed in accordance with and governed by the laws
of the State of Georgia.
15. ADDITION OF NEW LICENSEES
Each party understands that license holders other than the Licensees may make their licenses available to the
Network. The parties agree that such license holders, upon making their licenses available to the Network, shall
automatically be included within the term "Licensees" for purposes of this User Agreement.
OFFER Made by:
OFFER Accepted by:
MOTOROLA, INq~ D~ware corp
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Auqusta Richmond Countv, a body politic
By: (J2 J~ [--
Signature
Name: .J#tv:;:'i:> ~. C""f'e.o rl"fltv6 J.-
By:
Name:
Steve Spencer
Title:
t4 I"t"-t. () f-
Director of operatiO"Z Motorola, Inc
Date: ,.2h I. ,;1
Date:
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Telephone:
530 G~ -Sf IlM Wi
AU~usrA 6A 3010 I
'1 Olt>- ~;ll - I 510"2,
Address:
4 Harbison Way
Columbia. SC 29212
Address:
Telephone:
803-407 -5601 /800-353-0 1 01
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