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40 40 rN /- i�2) -9 PERCONTI DATA SYSTEMS, INC. Maintenance and Support Agreement This Maintenance and Support Agreement is made and entered into this 1 2 t h day of January , 1999, by and between Perconti Data Systems, Inc., hereinafter referred to as "Support Vendor", and Indian River County Board of County Commissioners, hereinafter referred to as "Customer"; WITNESSETH: WHEREAS, the Customer has purchased a license to one or more modules of the computer system henceforth referred to as "Licensed Program". The Customer has obtained a non-exclusive, non -transferable license to use certain computer software in object code form and related user documentation (the "Licensed Program") on certain terms and conditions; and WHEREAS, Support Vendor has, as the owner of the Licensed Program, the source code and other support documentation for the Licensed Program and has the requisite authorization to have access to the Licensed Program in Customer's possession and to make and offer to Customer the maintenance modifications, enhancements, and new releases provided for herein; and WHEREAS, Support Vendor desires to offer Customer certain services with respect to the Licensed Program on the terms and conditions set forth herein; NOW THEREFORE, in consideration of the premises hereof, and the mutual obligations herein, the parties hereto, intending to be legally bound, hereby agree as follows: Section 1 Definitions For the purposes of this Agreement, the following definitions shall apply to the respective capitalized terms: 1.1 "Licensed Program." The computer software described in Attachment A and henceforth referrer] to as C D -RP us . including any extracts firom such software, derivative works of such software, or collective works constituting such software (such as subsequent Re!cmes) to the extent nv__a -_--- �••, - G`reU to Cusiomer under this Agreement or the Licer:se Agreement 1.2 "Agreement Term." An initial period of I year, commencing on the date of the final implementation and acceptance of the CD -Plus System, described in Exhibit A. The Agreement Term shall automatically renew for successive periods of one year each unless and until terminated pursuant to Section 6 hereof. The second year may be prorated to expire on September 30 to allow for concurrence with the Customer's fiscal year.