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<br />TERMS AND CONDITIONS
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<br />1. SERVICES AND SUPPORT
<br />1.1 Service. Subject to the terms of this Agreement,
<br />Govstream hereby grants City a non-exclusive, non-transferable,
<br />and non-sublicensable right to access and use the Services during
<br />the Term, solely for use by Authorized Users within the City’s
<br />departments that utilize permitting services (the “Department”)
<br />for the following permitted purposes (the “Permitted Uses”):
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<br />(i) Use of the Services by City’s employees,
<br />consultants, contractors, representatives, or agents who have been
<br />supplied user credentials for or otherwise provided access to the
<br />Services (each, an “Authorized User”), strictly for City’s internal
<br />operations related to permitting, including application processing,
<br />compliance review, and administrative oversight.
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<br />(ii) Limited use of the Services by members of the
<br />public (each, an “End User” and together with the Authorized
<br />Users, the “Designated Users”), through City’s website or
<br />Govstream’s hosted subdomain, for informational purposes,
<br />permit-related inquiries, and application assistance. The City shall
<br />be responsible for ensuring that its Authorized Users and End
<br />Users comply with all applicable laws, policies, and contractual
<br />obligations governing the use of the Services. Any unauthorized
<br />access, sublicensing, resale, modification, or use beyond these
<br />Permitted Uses is strictly prohibited.
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<br />(iii) The Services are primarily intended to be
<br />deployed for use within the Department; however, the City may
<br />use the Services anywhere within the Department, provided all
<br />users operate within a unified system, maintaining a consiste nt
<br />workflow, knowledge base, and data structure to ensure a
<br />comprehensive view of permit applications. Any request for
<br />separate instances or significant workflow customizations by other
<br />teams, divisions, or departments will require Govstream’s prior
<br />written consent and may be subject to additional terms and fees.
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<br />1.2 Documentation License. Govstream hereby grants to
<br />City a non-exclusive, non-sublicensable, non-transferable license
<br />to use the Documentation during the Term solely for City’s
<br />internal purposes in connection with its use of the Services in
<br />accordance with this Agreement. “Documentation” means all
<br />generally available documentation relating to the Services,
<br />including all user manuals, operating manuals, and other
<br />instructions, specifications, documents, and materials, in any form
<br />or media, that describe any component, feature, requirement, or
<br />other aspect of the Services, including any functionality, testing,
<br />operation, or use thereof.
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<br />1.3 Support. All support services, including incident
<br />response and resolution times, will be provided in accordance with
<br />the Service Level Terms, set forth in Exhibit B (“Service Level
<br />Terms”). Govstream shall provide updates, patches, bug fixes, and
<br />security improvements to the Services as part of the fees set forth
<br />in the applicable Order Form, unless otherwise expressly stated
<br />therein. Govstream will:
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<br />(i) provide ongoing support to both Authorized
<br />Users (as defined below) and, where applicable, End Users (as
<br />defined below);
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<br />(ii) offer training and onboarding resources to
<br />facilitate effective adoption; and
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<br />(iii) maintain and update the Services regularly,
<br />including security patches and new feature releases.
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<br />2. RESTRICTIONS AND RESPONSIBILITIES;
<br />ACKNOWLEDGEMENTS
<br />2.1 Restrictions. City will not, directly or indirectly: reverse
<br />engineer, decompile, disassemble or otherwise attempt to discover
<br />the source code, object code or underlying structure, ideas, know-
<br />how or algorithms relevant to the Services or any software,
<br />Documentation or data provided as part of the Services
<br />(“Software”); modify, translate, or create derivative works based
<br />on the Services or any Software (except to the extent expressly
<br />permitted by Govstream or authorized within the Services); use
<br />the Services or any Software for timesharing or service bureau
<br />purposes or otherwise for the benefit of a third party; or remove
<br />any proprietary notices or labels. With respect to any Software that
<br />is distributed or provided to City for use on City premises or
<br />devices, Govstream hereby grants City, subject to City’s continued
<br />compliance with this Agreement, a non-exclusive, non-
<br />transferable, non-sublicensable right to use such Software during
<br />the Term only in connection with the Services.
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<br />2.2 City Compliance. City represents, covenants, and
<br />warrants that City will use the Services only in compliance with
<br />Govstream’s standard published policies then in effect and all
<br />applicable laws and regulations. Although Govstream has no
<br />obligation to monitor City’s use of the Services, Govstream may
<br />do so and may prohibit any use of the Services it believes may be
<br />(or alleged to be) in violation of the foregoing.
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<br />2.3 System Changes. Govstream may in its sole discretion
<br />make changes to the Services, including as Govstream deems
<br />necessary or useful to maintain or enhance the quality,
<br />functionality, performance, reliability or cost efficiency of the
<br />Services or to comply with applicable law, regulations or rules
<br />(each, a “System Change”). Govstream will provide reasonable
<br />prior written notice to City of any System Change that Govstream
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