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alteration or addition of the Software made by Licensee pursuant to procedures received from <br />SCPDC for rectification of errors or malfunctions in the Software, said modifications authorized <br />by SCPDC shall be in writing; <br />3.5.4 Software programs developed by Licensee or other parties. <br />4. RESPONSIBILITIES OF LICENSEE. SCPDC's provision of Maintenance and Support <br />to Licensee is subject to the following: <br />4.1 When necessary to identify or address errors or malfunctions with the Software, Licensee <br />shall provide SCPDC with access to Licensee's personnel and Equipment during normal business <br />hours. This access must include the ability to remotely access the Equipment on which the <br />Software is operating and to obtain the level of access necessary to support the Software. Remote <br />access shall only be granted pursuant to Licensee's remote access policies, procedures, and <br />guidelines. Remote access shall be limited to the equipment on which the Software operates and <br />SCPDC shall not be granted access to Licensee's other equipment or networks. <br />4.2 Licensee shall document and promptly report all errors or malfunctions of the Software to <br />SCPDC. Licensee shall take all steps necessary to carry out procedures for the rectification of <br />errors or malfunctions within a reasonable time after such procedures have been received from <br />SCPDC. <br />5. MAINTENANCE FEE. For Licensee the maintenance fees are waived for the Initial Term <br />and all renewals. The License Fees cover all costs for maintenance and support for the Initial and <br />renewal terms of this Agreement. <br />6. ASSIGNMENT OF DUTIES. SCPDC may assign its duties of Maintenance and Support <br />to a third party, provided that SCPDC will remain responsible for the actions of such third party. <br />Any such assignment is subject to Licensee's prior written consent, which consent shall not be <br />unreasonably withheld or delayed. <br />7. PROJECT ABANDONMENT — Should SCPDC abandon development and support of My <br />Permit Now system and can no longer fulfill its contractual obligations pursuant to this Agreement, <br />the last stable source code release of MyPermitNow Software will be licensed to Licensee under <br />an open source license agreement such as for instance GNU. The specific open source license <br />agreement would be chosen by SCPDC at such time. <br />8. LICENSEE DATA. SCPDC agrees that all data created by Licensee in the Software system <br />belongs to Licensee and shall be subject to the terms and conditions set forth in the Agreement <br />regarding Licensee Data. <br />Page 20 of 21 <br />