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