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2005/04/27 Council Agenda Packet
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2005/04/27 Council Agenda Packet
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Council Agenda Packet
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4/27/2005
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15 <br /> Schedule "A" -Terms and Conditions of Software Product License,BSM Hardware Product <br /> Agreement and the BSM Maintenance Agreement <br /> 1. DEFINITIONS <br /> "BSM Hardware Product" is comprised of BSM Stinger unit, cabling, connectors, computer <br /> equipment,peripheral equipment,third party equipment or any part thereof as applicable. <br /> "Designated Site/s" means the locations stated on the first page of this Software License <br /> Agreement. <br /> "Software Product" means the BSM software product consisting of instructions or statements in <br /> machine-readable object code, including the BSM Stinger Server Software Component, the BSM <br /> Stinger Client Software Component if applicable,and all Program Documentation relating thereto. <br /> "Program Documentation" means all user manuals, handbooks, and other written materials <br /> relating to the Software Product provided by BSM to the Licensee relating to the use of the Software <br /> Product. <br /> "Use" means: <br /> (a) Copying of all or any portion of the Software Product from storage units or media to any <br /> Workstation for the processing of any instructions or statements contained in the Software <br /> Product;or <br /> (b) Utilizing all or any portion of the Software Product to facilitate communication over wireless <br /> and wire line networks, including the Internet,by the Licensee,or over an internal intranet of <br /> the Licensee; <br /> solely for the purposes,and subject to the limitations set out in,section 2. <br /> "Workstation" means any microcomputer or other configuration of input/output equipment at <br /> which a single operator works. <br /> 2. USE OF THE SOFTWARE PRODUCT <br /> Scope of Use. The Licensee may install and Use the Software Product solely for processing data <br /> and facilitating communication: <br /> (a) relating to the bait car and covert operations of the Licensee;or <br /> (b) relating to internal communications specifically involving the bait car and covert operations <br /> of the Licensee. <br /> Without limiting the generality of the foregoing,the Licensee shall not provide,or allow the use of, <br /> the Software Product or any BSM Hardware Product to any third party. <br /> Separate License Required. A separate license is required for each Workstation on which any <br /> Software Product is installed or used. <br /> Number of Software Product Licenses. The first page of this Agreement states the number and <br /> type of Software Product Licenses granted to the Licensee and BSM Hardware Products sold to the <br /> Licensee pursuant to this Agreement. <br /> The maximum number of Workstations on which the Licensee may install or Use the Software <br /> Product is equal to the number of Software Product Licenses granted pursuant to this Agreement. <br /> The Workstations must be located at the Designated Site. <br /> The maximum number of Workstations on which the Licensee may install or Use the Software is <br /> equal to the number of Software Product Licenses granted pursuant to this Agreement. <br /> The Licensee may install and use the Software Product on a single Workstation. 1 5 5 <br /> Confidential BSM Stinger Hardware,software and Maintenance agreement V Oct04 Page 3 <br />
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