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MM <br />A <br />9. <br />GRANT LICENSE <br />The <br />Software Product is <br />licensed, not <br />sold, <br />and <br />is intended <br />for use by Client as a single product. Its component parts <br />may <br />not be separated for <br />use on more <br />than <br />one <br />computer. <br />Client may install and use the Software Product on any computer for which it has been assigned a VPI Activation Key. <br />The Software Product may not be rented, leased, loaned or distributed to any third party. However, the Software <br />License may be permanently transferred provided that the recipient agrees to the terms of this Software License & <br />Maintenance Agreement. <br />Client may make backup copies of the Software Product for all computers on which the Software Product is lawfully <br />installed, for client's sole use and/or disaster recovery purposes. <br />Copyright notices must be maintained on the Software Product and all copies. <br />SCOPE OF SOFTWARE SERVICES <br />Replay agrees to provide Maintenance Services to keep the VPI's software for Client's Digital Voice Logging system <br />in, or restore it to, good working order. Service will be performed during hours set forth in the Contract. Services <br />requested or required by the Client outside these hours will be charged at VPI 's then current schedule of rates and will <br />be in addition to the Charges contained in this agreement. Where the Client requests additional services outside the <br />scope of this agreement, VPI may provide those services at standard time and material rates and conditions then in <br />effect. <br />Software Maintenance Service will include: <br />• Free VPI software upgrades within the purchased version. <br />• Discounted VPI software upgrades to next version, excluding hardware. <br />• Telephone support 24 x 7 <br />Software Maintenance Services do not apply where a defect is caused by: <br />• Improper use; <br />• Failure by the Client to provide a suitable physical environment; <br />• Alterations, amendments or attachments to the System that have not been approved in writing by Replay; <br />• Fire, flood, lightning, earthquake and any other events over which Replay has no control; <br />• Service work not performed by Replay. <br />This Agreement replaces and supersedes any previous service agreement between the parties, and constitutes the entire <br />Agreement between the parties with respect to the subject matter hereof. <br />IN WITNESS WHEREOF, the parties have executed this Agreement by their duty authorized representatives on the day and year <br />set forth below. <br />SELLER: <br />REPLAY SYSTEMS, INC. <br />6555 NW 9`h AVE., STE. 105 <br />FORT LAUDtONLE, Fk3, <br />BY: <br />u <br />DATE: <br />0 <br />ss/replay.serviceag.10.7.03 <br />Revised: 05/15/08 <br />PURCHASER: <br />Indian River Coukity <br />4225 43`d Avenue° <br />Vero Beach, FL 2967-167 �!v <br />n ` r1';. e <br />6 <br />-,ter-�i� .. �f �. ♦ R/s 3lil <br />PRINTIY) NAME/TITLE: 4 ; <br />SANDRA L. BOWDEN, CI WOMAN, BCC <br />DATE: Octobe 7, <br />APPRC W D AS TO FORM <br />AND LEGAL 8UFFICIEVCY <br />BY 121 MMMN Seuir.e Agreement <br />WILLIAM K: DEBRAAL Level 2 <br />DEPUTY COUNTY ATTORNEY <br />