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2008/10/22 Council Agenda Packet
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2008/10/22 Council Agenda Packet
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Council Agenda Packet
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10/22/2008
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v <br /> 6. RIGHTS UPON TERMINATION <br /> Licensor has and reserves all rights and remedies that it has by operation of law or otherwise to enjoin <br /> the unlawful or unauthorized use of Software or Documentation. Upon termination of this License, all <br /> rights granted to Licensee under this Agreement cease and Licensee will promptly cease all use and <br /> reproduction of the Software and Documentation, and Licensee shall return to Licensor or destroy the <br /> original and all copies of the Software and Documentation including partial copies and modifications. <br /> Sections 9, 10, 11, and 12 will survive termination or expiration of this Agreement as will any cause of <br /> action or claim of either party, whether in law or in equity, arising out of any breach or default. <br /> 7. TITLE TO SOFTWARE <br /> Licensor retains title to and ownership of the Software and Documentation and all enhancements, <br /> modifications and updates of the Software or Documentation. Licensee shall not distribute the <br /> Software to any persons or entities other than Licensee's employees as designated solely by Licensee. <br /> Licensee may not sell the Software to any person or make any other commercial use of the software. <br /> Licensee shall retain all copyright and trademark notices on the Software and Documentation and shall <br /> take other necessary steps to protect Licensor's intellectual property rights. <br /> 8. MODIFICATION AND ENHANCEMENTS <br /> Licensee will make no efforts to reverse engineer the Software, or make any modifications or <br /> enhancements or derivative works based on the Software without Licensor's express written consent. <br /> 9. WARRANTY <br /> Licensor warrants that from the date of this License,the Software will function given the original <br /> configuration is not replaced or changed by Licensee. Licensor warrants that to the best of its <br /> knowledge, information, and belief,the Software does not contain any known viruses, back-doors or <br /> time bombs, (or similar malicious code), or undocumented security codes that could prevent <br /> Licensee's perpetual use of the Software. <br /> THE WARRANTY GRANTED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS <br /> OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF <br /> 13 <br /> 3 <br />
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