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6la � Y 8. GRANT LICENSE The Software Product is licensed, not sold, and is intended for use by Client as a single product. Its component parts may not be separated for use on more than one computer. Client may install and use the Software Product on any computer for which it has been assigned a NICE Activation Key. The Software Product may not be rented, leased, loaned or distributed to any third party. However, the Software License may be permanently transferred provided that the recipient agrees to the terms of this Software License & Maintenance Agreement. Client may make backup copies of the Software Product for all computers on which the Software Product is lawfully installed, for client' s sole use and/or disaster recovery purposes. Copyright notices must be maintained on the Software Product and all copies. 9. SCOPE OF SOFTWARE SERVICES Replay agrees to provide Maintenance Services to keep the NICE ' s software for Client ' s Digital Voice Logging system in, or restore it to, good working order. Service will be performed during hours set forth in the Contract. Services requested or required by the Client outside these hours will be charged at NICE's then current schedule of rates and will be in addition to the Charges contained in this agreement. Where the Client requests additional services outside the scope of this agreement, NICE may provide those services at standard time and material rates and conditions then in effect. Software Maintenance Service will include : • Free NICE software upgrades within the purchased version. • Discounted NICE software upgrades to next version, excluding hardware. • Telephone support 24 x 7 Software Maintenance Services do not apply where a defect is caused by : • Improper use; • Failure by the Client to provide a suitable physical environment; • Alterations, amendments or attachments to the System that have not been approved in writing by Replay; • Fire, flood, lightning, earthquake and any other events over which Replay has no control ; • Service work not performed by Replay. This Agreement replaces and supersedes any previous service agreement between the parties, and constitutes the entire Agreement between the parties with respect to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Agreement by their duty authorized representatives on the day and year set forth below. SELLER: PURCHASER: REPLAY SYSTEMS, INC . Indian River County f 6555 N. POWERLINE RD., STE 105 4225 43rd Ave . FORT L UDE A FL 33309 Vero Beach , Fl. 3296 4671 ' - BY : BY� FRANCE RECHTSZAID, PRINTE NAME/TITLE : Sandra L' : . Bowden DIRECTOR OF BUSINESS OPERATIONS DATE : DATE : S gptembe f M , 2 0 a8 4 APPROVEb Attest : J . K . Barton , Clerk * " ,� ' APPROVED AS TO FOI 4 AND LEGAL S F 1 U ss/replay. serviceag. 10. 7.03 Revised : 05/ 15/08 Leplay r By $ �a 1 K. DEBRAAL Deputy Clerk DEPUTYCOUNTYATTORNEY unty Administrator