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4/29/2016 10:06:54 AM
Official Document Type
Agenda Item Number
ESi Acquisition Inc.
Emergency Management Division
Software Management WebEOC License
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WebEOC® End User License Agreement <br />Hosted Implementation <br />1 License Agreement. <br />This is a license agreement and not an agreement for sale. This License Agreement effective this 2lstday of <br />Apri 1 2015, is made by and between ESi Acquisition, Inc. ("ESi"), a Delaware Corporation with its <br />principal place of business at 823 Broad Street, Augusta, GA 30901 and <br />Indian River County ("Licensee"), a political subdivision organized <br />under the laws of with principal business location at <br />1801 27th St., Vero Beach, FLs6 License Agreement ("Agreement") gives Licensee certain <br />29 <br />limited rights to use the proprietary ESi So are, Software Updates, and Documentation including any updates <br />thereto. <br />2 Definitions. <br />(a) "Administrator" means an employee, officer, director or consultant of Licensee to whom <br />Licensee has provided a user account and certain rights to administer the Software on behalf of Licensee. <br />(b) "Affiliate" means a corporation or limited liability corporation in which (i) ESi owns a majority <br />interest and/or has substantial control over assets, operations and management, or (ii) which owns or has <br />substantial control over the assets, operations and management of ESi, or (iii) is under common control <br />with ESi. <br />(c) "Documentation" means the WebEOC® Administrator and User Manuals and any other <br />documents, materials, information or guidance, whether supplied as printed material or in electronic form, <br />provided by ESi in conjunction with the purchase, training, use, maintenance or update of the Software. <br />(d) "ESi" means ESi Acquisition, Inc., a Delaware corporation, with its primary place of business at <br />823 Broad Street, Augusta, GA, USA, 30901 and/or its affiliates. <br />(e) "License" means certain limited rights to use the proprietary ESi Software, Software Updates, <br />online and/or hard -copy documentation and user guides as set forth in Section 4 of this Agreement. <br />(f) "Licensee" means the person or legal entity accepting this License to use the Software, or for <br />whom such License was obtained. <br />(g) "Module" means a proprietary set of status boards developed by ESi for use with selected <br />WebEOC-branded software which are designed to address a common functional need. <br />(h) "Party" means ESi or the licensee individually and "Parties" shall mean ESi and the Licensee <br />collectively <br />(i) "Software," means, individually and collectively, all of the software licensed by Licensee from <br />ESi including, but not limited to, WebEOC® Professional, WebEOC® Town SquareTm, software plug -ins, <br />modules, interfaces, and software updates. <br />(j) "Software Updates" means any technical correction, patch, bug fix, enhancement or other <br />software release provided to Licensee pursuant to this License or under any Software Support Plan <br />purchased by Licensee. <br />Rev 01/13/2014 <br />e.o. <br />
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