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"Maintenance" means SunGard Public Sector's efforts to provide Customer with avoidance procedures for <br />or corrections of Documented Defects. <br />"Module" means any one of the computer software programs that is identified in Appendix A as a "Module," <br />including all code and related specifications, documentation, technical information and all IP Rights for such <br />Module. <br />"New Releases" means new editions of a General Release Module. <br />"Object Code" means computer programs assembled, compiled, or converted to magnetic or electronic <br />binary form on software media, which are readable and usable by computer equipment. <br />"Software" means the Modules listed in Appendix A Schedule A — Order Form. <br />"Schedule A - Order Form" means an attachment to this Agreement, which is a supplement to this <br />Agreement for all purposes. Unless otherwise stated in any Schedule A — Order Form, all terms and conditions <br />stated in this Agreement shall remain in effect. <br />"Receiving Party" means the party receiving Confidential Information of the Disclosing Party. <br />"Upgrades" means, collectively, Maintenance, Additional Functionality and New Releases, <br />Application Services, Generally. During the Application Services Term, SunGard Public Sector will provide <br />Customer with the Application Services generally described in Appendix B, on the terms and conditions of this <br />Agreement. Customer shall have certain performance responsibilities under this Agreement, as outlined in <br />Appendix B. Application Services include the grant by SunGard Public Sector to Customer of a non - exclusive, <br />non - transferable license to access and use the Software in Object Code form within the United States of America <br />for Customer's own, non - commercial computing operations (subject to any Concurrent User limitations provided <br />for in Appendix A), while such Object Code resides in and is executed from a SunGard Public Sector datacenter. <br />Any rights not expressly granted in this Agreement are expressly reserved. <br />(a) Documentation. Customer can make a reasonable number of copies of the documentation for each <br />Module for its use in accordance with the terms of this Agreement. <br />(b) Restrictions on Use of the Software. Customer is prohibited from causing or permitting the reverse <br />engineering, disassembly or decompilation of the Software. Customer is prohibited from using the Software to <br />provide service bureau data processing services or to otherwise provide data processing services to third parties, <br />Customer will not allow the Software to be used by, or disclose all or any part of the Software to, any person <br />except Customer Employees, or as required by law, Without limiting the foregoing, Customer is permitted to <br />allow use of the input and /or output sensory displays of or from the Software by third parties on a strict "need to <br />know" basis, and such use will not be deemed a non - permitted disclosure of the Software. <br />This Agreement is expressly made subject to any United States government and other applicable laws, <br />regulations, orders or other restrictions regarding export from the United States or another country, and import <br />into any country, of computer hardware, software, technical data or other items, or derivatives of such hardware, <br />software, technical data or other items. Customer will not allow the Software, in whole or in part, to be exported <br />outside of the United States of America, in any manner or by any means. Customer is prohibited from removing <br />or altering any of the IP Rights notice(s) embedded in or that SunGard Public Sector otherwise provides with the <br />Software. Customer must reproduce the unaltered IP Rights notice(s) in any full or partial copies that Customer <br />makes of the Software. <br />(c) Application Software Maintenance and Support Services. Maintenance is available during the SunGard <br />Public Sector hours outlined in Appendix B. <br />(d) Representation Warranties and Limitation of Liability. SunGard Public Sector represents that it is the <br />owner of all Applications used in the performance of services hereunder, or is an authorized licensee with the <br />right to engage in the delivery of such services, and such software or licenses thereto have been lawfully <br />acquired by SunGard Public Sector. SunGard Public Sector warrants that the Application(s) will perform in <br />substantial compliance with its then current documentation. <br />SunGard Public Sector ASP Agreement City of Casselberry, FL CASS - 110617 -1 ASP OneSolution <br />Rev. 1.01.10 Page 2 of 13 <br />