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la <br /> g. Any controversy arising from this Agreement shall be governed by the laws of the State of Florida, and the <br /> litigation of any disputes arising out of this Agreement shall occur in the appropriate state or federal court <br /> located within the Southern District of Florida. <br /> 9 . GRANT LICENSE <br /> The Software Product is licensed, not sold, and is intended for use by Purchaser as a single product. Its component <br /> parts may not be separated for use on more than one computer. <br /> Purchaser may install and use the Software Product on any computer for which it has been assigned a VPI Activation <br /> Key . 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 Service Agreement. <br /> Purchaser may make backup copies of the Software Product for all computers on which the Software Product is <br /> lawfully installed, for Purchaser' s sole use and/or disaster recovery purposes . <br /> Copyright notices must be maintained on the Software Product and all copies . <br /> 10. SCOPE OF SOFTWARE SERVICES <br /> Replay agrees to provide Maintenance Services to keep the VPFs software for Purchaser' s Digital Voice Logging <br /> system in, or restore it to, good working order. Service will be performed during hours set forth in the Contract. <br /> Services requested or required by the Purchaser outside these hours will be charged at VPI ' s then current schedule of <br /> rates and will be in addition to the Charges contained in this agreement. Where the Purchaser requests additional <br /> services outside the scope of this agreement, VPI may provide those services at standard time and material rates and <br /> conditions then in 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 Purchaser 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 <br /> 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: PURCHASER : <br /> REPLAY SYSTEMS2TSZAID, <br /> INC �A INDIAN RIVER COUNTY <br /> 6555 NW 9T" AVE . 5 422543 RD AVENUE <br /> FORT LA� ER 3309 VERO H , FL 32967- 1671 <br /> BY : BYFRANCES REPRINTED E/ L� <br /> DIRECTOR OF BUSINESS OPERATIONS WESLEY S . DAVM , CHAIRMAN , BCC <br /> DATE : DATE : September 3 , _ZOu9 <br /> 4 <br /> ss/replay . serviceag. 10 . 7 . 03 Replay Service Agreement <br /> Revised : 10/20/08 Level 3 <br />