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<br />Group ,
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<br />Group 1 Solutions, Iuc. '" . End-User Liceuse Agreemeut
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<br />Client: City of Santa Ana Fire Department, 1439 South Broadway, Santa Ana, CA 92707
<br />Date: November 7, 2005
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<br />"'*TOT AL NllMBER OF LICENSES AS OF THIS DATE - THIS AGREEMENT SUPERCEDES ALL OTHER PREVIOUSLY DATED
<br />AGREEMENTSww
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<br />License Tvne
<br />REMOTE ACCfiS"T'" User Licenses
<br />RA AdMirv™ License
<br />HA Fff-NOTESTIoI License
<br />R4 Mohik™ Licenses
<br />FIT-Notes (Third-Partv Sublicense)
<br />
<br />License Tvne
<br />RA PicrOMETRVThI Licenses
<br />RA GPSrM Licenses
<br />RA MESltTRACk™ Licenses
<br />RA RMSTM Licenses
<br />
<br />NOTICE TO USER THIS IS A CONTRACT PLEASE READ IT CAREFULLY BY OPENING THIS PACKAGE YOU ACCEPT ALL THE TERMS AND
<br />CONDITIONS OF THIS AGREEMENT IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT
<br />BE ABLE TO USE THE SOFTWARE
<br />ThIs Group I Solutions. Inc. ("'Group 1") End-User License Agreement ("Agreement") s<:ts forth the terms and conditions under which you are licensed to sue
<br />the Software. Software means (a\ all of the content:; of the diskts), CD-ROMts), or other media with which this Agreement is provided, (b) related explanatory
<br />written materials ("Documentation"), and (c l modified verSIOns, upgrades, updates, and copies of the Software, if any, licensed to you by Group I (collectively,
<br />"Updates"') The term "Permitted Number of Computers"' means the number of computers indicated at the top of this Agreement Group I grants to you a
<br />nonexclusive license to use the Software, provided that you agree to the following
<br />1. Use of Software:
<br />1.1. You may install one copy of the Software onto a hard disk or other storage deVIce of up to the Permitted Number of Computers
<br />1 2 You may install one copy of the Software on a single flle server for th<: purpose of downloading and 10staJling the Software onto a hard disk or other
<br />storage device of up to the Permitted Number of Computers that are on the same network as the file server. No other network IS permitted
<br />1.3 You may mak<: one backup copy of the Software, provided that your backup copy is not installed or used on any computer.
<br />2. Copyrigbt:
<br />2.1. Title to the Software and all 10tellectual property rights therein (includmg, but not limit<:d to, trade secret. copyngbt and patent) shall be and at all times
<br />rema10 exclusively with Group L No copmg or Use of the Software other than expressly authorized by this Agreement is permitted. Any copies that you
<br />are permitted to make pursuant to this Agreement must contain the same copyright or propnetary notices that appear on or in the Software. Licensee shall
<br />not, nor shall it permit others to, modify, reverse engineer, reverse assemble or reverse compile the Software or any part thereof. Licensee shall not
<br />distnbute, rent, lease or transfer the Software to any third party You agree not to modify, adapt or translate the Software. You also agree not to reverse
<br />engineer, decompIle, disassemble or otherwise attempt to discover the source code of the Software. Trademarks and Service marks shall be used in
<br />accordance with accepted trademark and service mark practice, 10cludmg identification of trademark and service mark owners' names. This Agreement
<br />does not grant you any intellectual property rights in the Software. This Agreement provides the terms and conditions under whIch you are licensed to use
<br />the Software. If IS not an agreement for the license of the Software to you
<br />3. Transfer: You may not rent, lease, sublicense or lend the Software
<br />4. Warranty/Limitations on Liability:
<br />4.1. Group] warrants that it has the right to license the Software to you free of all liens and other claims of any third parties that would have a material,
<br />detrimental affect on your use of the Software as contemplated by this Agreement
<br />4.2. Group I warrants that for a period of ninety (90) days from the date of installation of any portIOn of the Software, that portion of the Software Will perform
<br />substantially in accordance with the Documentation. Your sole remedy for any breach of this warranty shall be Group I's repair, through workaround,
<br />patch or recording, at Group l's sole discretIOn, of the portion of the Software that IS in breach THE FOREGOING STATES THE SOLE AND
<br />EXCLUSIVE REMEDIES FOR GROUP 1'S BREACH OF WARRANTY THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES
<br />YOU CERTAIN SPECIFIC LEGAL RIGHTS YO MA Y HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR JURISDICTION
<br />TO JURISDICTION
<br />43 EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4.2, NO EXPRESS OR IMPLIED WARRANY IS MADE WITH RESPECT TO THE
<br />SOFTWARE OR ANY OTHER GOODS OR SERVICES SUPPLIED BY GROUP I, INCLUDING WITHOUT LIMITATION ANY IMPLIED
<br />WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GROUP 1 DOES NOT WARRANT THE RESULTS OF
<br />ANY SOFTWARE OR SERV1CES OR THAT ALL ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE FUNCTIONALITY
<br />CONTAINED IN THE SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS.
<br />4.4 THE TOTAL LlABlLlTY, IF ANY, OF GROUP I, lNCLUDING BUT NOT LIMITED TO LlABILlTY ARISING OUT OF CONTRACT, TORT,
<br />BREACH OF WARRANTY OR OTHERWISE SHALL NOT IN ANY EVENT EXCEED THE LICENSE FEES RECEIVED BY GROUP 1. GROUP I
<br />SHALL NOT BE LIABLE FOR LOSS OF PROFlTS, LUSS OR INACCURACY OF DATA, OR INDIRECT, SPECIAL, INCIDENTAL OR
<br />CONSEQUENTIAL DAMAGES, EVEN IF GROUP 1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
<br />5. General Indemnity: LIcensee holds harmless and indemnifies Group I of and from any and aJI claims, liability, suits or expenses of any kind, including
<br />liability for death. personal injury and property damage, and related court costs and attorney fees, resultmg from your use ofthe Software.
<br />6. Governing Law and General Provisions: This Agreement shall be governed by and construed under the laws of the State of lIlinois. If any provision of this
<br />Agreement is held by a court of competent jurisdictIOn to be unenforceable. such unenforceability shall not affect the enforceability of the remaining
<br />provisions of this Agreement and the parties shall substitute for the affected provision an enforrx:able provision which approximates the intent and economIc
<br />effect of the affected provision as closely as possible This Agreement may only be modified by a v..-riting signed by an authonzed officer of Group 1, although
<br />Group I may vary the terms of this Agreement in connectIOn with the licensing of any Updates to you
<br />Compliance with Licenses: You agree that upon request of Group I or Group \'s authorized representative, you will within thirty (30) days fully document and
<br />certify that your use of any and all Group I software at the time of the request is in conformity \V1th your valid Iirx:nses from Group I.
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