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Documentation to which Licensee has purchased a License as identified as specified in Addendum#1 <br /> attached hereto Licensed Products shall include any updates or upgrades to the Licensed Products that <br /> Azteca Systems may at its discretion deliver to Licensee Products includes but is not limited to Software, <br /> Online Services,and Documentation licensed under the terms of this license Agreement <br /> k "Login"means a license that allows Licensee to permit a single authorized named end user to use the <br /> Software,Data,and Documentation installed on a server and accessed from a computer device <br /> I "Online Services"means any Internet-based system,including applications and associated APIs,hosted by <br /> Azteca Systems or its licensors,for storing,managing,publishing,and using Cityworks software and data, <br /> and other information <br /> m "Ordering Document(s)"means a sales quotation,purchase order,or other document identifying the <br /> Products that Licensee orders <br /> n "Preview"means any alpha,beta,or prerelease Product <br /> o "Sample(s)"means sample code,sample applications,add-ons,or sample extensions of Products <br /> p "Server"means each single instance of an operating system,whether physically installed on a computer or <br /> within a virtualized environment <br /> q "Software"or"Cityworks Software"means all or any portion of Azteca Systems proprietary software <br /> technology,excluding data,accessed or downloaded from an Azteca Systems(Cityworks)authorized website <br /> or delivered on any media in any format including backups,updates,upgrades,and service packs <br /> r "Standard Maintenance"or"Maintenance Addendum"shall mean the Standard Software Maintenance& <br /> Support Addendum#2 <br /> s "Term License"means a license or access provided for use of a Product for a limited time period("Term") <br /> or on a subscription or maintenance basis as specified herein <br /> ARTICLE 2—INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP <br /> Products are licensed,not sold Azteca Systems and its licensors own Products and all copies,which are protected by <br /> United States and applicable international laws,treaties,and conventions regarding intellectual property and <br /> proprietary rights including trade secrets This Agreement does not transfer ownership rights of any description in <br /> the Software,materials,or services to Licensee or any third party Licensee agrees to use reasonable means to <br /> protect Products from unauthorized use,reproduction,distribution,or publication Azteca Systems and its third-party <br /> licensors reserve all rights not specifically granted in this Agreement including the right to change and improve <br /> Products <br /> ARTICLE 3—GRANT OF LICENSE <br /> 3 1 Grant of License Subject to the terms of this Agreement,Azteca Systems grants to Licensee a personal, <br /> nonexclusive,nontransferable license solely to use the Products as set forth in Addendum#1 –Product Licensing(i) <br /> for which the applicable license fees have been paid,(ii)for Licensee's own internal use,and(iii)in accordance with <br /> this Agreement and the configuration ordered by Licensee or as authorized by Azteca Systems,and(iv)for the <br /> applicable Term or until terminated in accordance with Article 5 License types may include,but are not limited to <br /> Login, Workgroup, Departmental, ELA (Enterprise License) Licenses Licensee may allow Third Party <br /> Contractors to access and use the licensed Software,provided Licensee and Third Party Contractor agree to and are <br /> bound by the terms set forth in Addendum 3 In addition to the Scope of Use in Article 4,Addendum#1 --Product <br /> Licensing which applies to specific Products,Addendum#2–Standard Maintenance and Support,and Addendum#3 <br /> –Third Party Contractor Acknowledgment(if applicable)collectively,are incorporated in this Agreement <br /> a Software Use and License for specific Software products are set forth in Addendum I-Product Licensing <br /> Addendum,which is incorporated by reference <br /> b Maintenance Maintenance terms are set forth in Section 9 11 below and in Addendum 2,- Standard <br /> Maintenance and Support which terms are incorporated by reference <br /> c Thud Pat ty Contractor Terms of use for Third Party Contractor software usage(if applicable)are set forth in <br /> Addendum#3,which is incorporated by reference <br /> 3 2 Preview Release Licenses Products acquired under an evaluation license or under a Beta program are intended <br /> for evaluation and testing purposes only and not for commercial use Any such use is at Licensee's own risk,and the <br /> Products do not qualify for Azteca or distributor maintenance <br /> Standar d License& Maintenance Agreement Page 2 of 14 10/16 ed <br />