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limits if the average number of Users during any month covered by the audit is greater than the number of Users permitted in Schedule A and such increase in Licensee is not supported by a Surge Capacity Plan. (c) Administrators and Users shall have different rights to access the Software: (i) Administrators may access all features of the Software. Certain features of the Software may only be accessed by named users who are granted status as an Administrator ("Administration Tools"). Administration Tools include, but are not limited to• creation and administration of user accounts; creation and subsequent editing of incidents; software configuration; use of the WebEOC® BoardBuilder tool; installation and administration of board sets, plug -ins, modules, interfaces and Software Updates; and access to the Software's Application Programming Interface. (ii) Users may not be granted access to any Administration Tools, except that Administrators may grant designated Users rights to create or edit incidents and to add or edit maps in MapTacT"'. Except where otherwise provided in this Agreement, rights to access and use Administrative Tools are given exclusively to the Licensee and Licensee may not grant such rights to any third party. (d) Licensee may provide its consultant(s) or independent contractor(s) with access to the Software and Documentation, provided that such consultants or independent contractors are using the Software and Documentation exclusively for the benefit of the Licensee. Licensee shall be responsible for compliance by its consultants and independent contractors with the terms and conditions of this Agreement. (e) If your licensed Software includes the WebEOC® BoardBuilder tool, Licensee may use the WebEOC® BoardBuilder tool to copy, modify and create WebEOC® forms and templates ("Status Boards") and Licensee may distribute, in printed form or as electronic media, the Status Boards to Licensee's authorized users, provided that such Status Boards are used exclusively for the internal business purposes of Licensee. Status Boards are derivative works of the Software. Licensee shall not sell, resell, license or otherwise transfer for value any derivative works created using the WebEOC® BoardBuilder tool, and Licensee shall not distribute such derivative works as part of any product or service for value to any third party. Any derivative works prepared by Licensee shall remain subject to the terms of this Agreement and shall clearly display the following copyright notice to properly acknowledge the proprietary rights of ESi and its third party licensors: "This work includes the intellectual property of ESi and its licensors and is provided under license. Copyright © 2002-2014, ESi and its licensors. All rights reserved." (f) Licensee may, at its option and according to the terms of the ESi standard price list, obtain a Disaster Recovery Software License to support replication of an active, source server to one or more redundant ("Target") servers which may be placed in use to support disaster recovery or fail -over activities. A Disaster Recovery Software License is required for each Target server. A Disaster Recovery Software License may be used to operate an "in production" instance of the Software only when the Source server is inactive or inoperable; only one Instance of the Software shall be active at any one time. Licensee is not required to obtain additional licenses for Software plug -ins, modules or interfaces installed on a redundant licensed machine. (g) Permitted uses of WebEOC Fusion vary from the terms set forth in Sections 5(a) through 5(0. Licensee may install and place in production one (1) copy of WebEOC Fusion on one (1) Source and one (1) Target server Licensee may make one (1) copy of the Software for back-up or archival purposes, or Licensee may install a second copy of the WebEOC Fusion software on a second machine as long as only one (1) copy of the WebEOC Fusion software is in use at any one time. There is no limit to the number of licensed instances of WebEOC® (or number of WebEOC licensees) which may be connected by a single instance of WebEOC Fusion, provided that (i) only the Licensee of the WebEOC Fusion software Rev 01/13/2014