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RE: Fifth Amendment to Program License and Service Agreement 4980603Page 2 of 3 <br />(viii) publication or disclosure to third parties of any results of benchmark tests run on the Programs is <br />prohibited; <br />(ix) Sub-licensee must comply fully with all relevant export laws and regulations of Canada and the United <br />States to assure that neither the Programs nor any direct product thereof are exported, directly or <br />indirectly, in violation of Canadian or United States laws; <br />1. (x) the Programs are not specifically developed or licensed for use in any nuclear, aviation, mass <br />transit, or medical application or in any other inherently dangerous applications. Any claims or damages <br />arising from use of the Programs for such applications by Sub-licensee are prohibited; <br />(xi) Sub-licensee, while covered under an Annual Support Agreement with Sub-licensor as per Fifth <br />Amendment to Program License and Service Agreement #980603 between Sub-licensor and Sub- <br />licensee, shall direct any technical support issues directly to Sub-licensor. <br />Entire Agreement <br />This Sub-license Agreement, include Exhibit A attached hereto, constitute the entire understanding between the <br />parties as it relate to sublicenses and supercedes all prior oral or written agreements or understandings between <br />them. It may not be changed orally, but only by an Agreement in writing executed as provided herein. <br />The undersigned hereby acknowledges that they have read and that they fully understand the terms of the above <br />Sub-license Agreement, the terms and conditions of which are hereby incorporated and acknowledged by this <br />reference. The undersigned hereby agree that by signing this document they become parties to said Agreement <br />and agree to be bound by all terms, conditions and obligations contained therein. <br />HIGH L Farl RP TION <br />PER: NAME: <br />iemuller <br />TITLE: President <br />DATE: April 30, 2010 <br />CITY OF SANTA ANA <br />PER: <br />_AAME: <br />DAVID N. REAM <br />TITLE: City Manager MAY 17 ZM <br />DATE: <br />ATTEST: <br />C-WA4-1? lJ, h(// za <br />Maria D. Huizar, Clerk oft ouncil <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Lauia Sheedy, Msistant City Attorney <br />THIS AGREEMENT IS FOLLOWED BY EXHIBIT A.