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"Upgrades")or backup copies of the Software, licensed or provided to the Customer by <br /> Gtechna or its suppliers, for which the Customer has paid the applicable license or <br /> maintenance fee. Any copy made in accordance with this License must indicate the right <br /> of ownership of Gtechna. <br /> NOTWITHSTANDING ANY OTHER PROVISION OF THIS LICENSE THE <br /> CUSTOMER AGREES THAT: (1)THE CUSTOMER HAS NO LICENSE OR RIGHT <br /> TO USE ANY SUCH UPGRADES OR ADDITIONAL COPIES UNLESS THE <br /> CUSTOMER,AT THE TIME OF ACQUIRING SUCH UPGRADE OR COPY, <br /> ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE; (2)THE <br /> CUSTOMER'S USE OF UPGRADES IS LIMITED TO USE SOLELY AS PROVIDED <br /> IN THIS LICENSE; AND(3) THE CUSTOMER'S USE OF ADDITIONAL COPIES IS <br /> LIMITED TO BACKUP PURPOSES ONLY,AS PERMITTED ABOVE. <br /> In order to protect the rights of Gtechna, the Customer will comply with the following <br /> conditions: <br /> (a)The Customer may not reproduce, transmit or provide access to the Software on any <br /> device that is not authorized by this Agreement,either because it is not owned by the <br /> Customer or because it exceeds the authorized number of devices; <br /> (b)The Customer may not loan, sell,or otherwise dispose of all or part of the Software or <br /> Documentation to unauthorized users; <br /> (c)The Customer may not decompile,disassemble or undertake any form of <br /> reengineering process on the Software or provide the Customer's assistance to any effort <br /> of a third party to do so; and <br /> (d)The Customer may not modify or alter in any manner the Software or the <br /> Documentation or take part in any such an effort of a third party. <br /> 2. U.S. GOVERNMENT LICENSES <br /> If the Customer is the United States Government or an agency or component thereof, the <br /> Customer hereby acknowledges that the Software is"Commercial Computer Software" <br /> within the meaning of the Federal Acquisition Regulation("FAR") Section 12.212,the <br /> clause at FAR Section 52.227-19,and any provisions of the Defense Federal Acquisition <br /> Regulation Supplement("DFARS")relating to commercial computer software.This <br /> Agreement shall not give the Customer any rights greater than those conveyed under the <br /> license that Gtechna customarily provides to the public, supplemented by the rights <br /> enumerated in the clause at FAR Section 52.227-19,paragraphs(c) (2) (i),(iii)and(vi) <br /> only. <br /> 3. LIMITATION OF LIABILITY <br /> THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS". GTECHNA <br /> AND ITS DISTRIBUTORS OR CUSTOMERS DO NOT WARRANT THAT THE <br /> SOFTWARE OR DOCUMENTATION ARE ERROR FREE OR THAT THE <br /> CUSTOMER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT <br /> City of Everett/Gtechna Software Agreement <br /> Page 20 7/25/2018 <br />