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7t 45 02066 - a? 7 NC4 PUBLIC SECTOR LLC SOFTWARE LICENSE, MAINTENANCE, AND SERVICES AGREEMENT This Software License, Maintenance, and Services Agreement ("Agreement") is entered into as of the Effective Date, by and between NC4 Public Sector LLC, a Delaware limited liability company, with an office located at 28202 Cabot Road, Suite 300, Laguna Niguel, CA 92677 USA ("NC4"), and Licensee Name: Indian River County Office of Emergency Management ("Licensee") Address: 1840 25th Street Vero Beach , FL 32960 RECITALS A. NC4 is the owner of certain computer software programs, including the E Team incident management software application, and also provides services related to emergency management and other functions related to such Software. B. In or around August, 2005, the Sheriff of Orange County, Florida, issued a Request for Proposal for Disaster Management Information System (DMIS), RFP# 126-05, on behalf of the Orlando UASI Region, to establish a Disaster Management Information System for six beneficiaries in the central Florida region listed under that grant. NC4 was awarded the contract to supply certain equipment, software and services to the beneficiaries under that grant. C. In or around January, 2006, Brevard County, Florida, as grant administrator ("Grant Administrator") received funding to add four additional participants in the central Florida region to the DMIS system. By Purchase Order Number 4500037673, dated January 30, 2006 ("Purchase Order"), the Grant Administrator awarded NC4 a contract to add the four additional participating counties to the regional system ("Project"). D. Licensee is one of the four beneficiaries and participants under the add-on Project. E. NC4 now desires to provide, and Licensee, as one of the Project participants, desires to obtain, the equipment, Software licenses and Services defined in the Proposal set forth at Exhibit "A" and resulting Purchase Order to be provided to Licensee on the terms and conditions set forth in this Agreement. NOW, THEREFORE, based on the foregoing premises and the promises set forth below, the parties agree as follows: AGREEMENT 1 . Definitions. 1 . 1 "ASP" means the Optional Web Hosting Services as defined in section 4. 1 .2 "Confidential Information" will have the meaning set forth in section 8. 1 . 1 .3 "Dual Processor Site License" means an unlimited-user license to run the E Team application on one dual- processor server. Extensions of this license to additional CPUs or servers requires the purchase of additional licenses. 1 .4 "Effective Date" shall be the date of the last signature on the signature page of this Agreement. NC4 Public Sector LLC 1 Standard License Agreement ( 10.05) '