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AG 2007 12 17
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AG 2007 12 17
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Last modified
2/1/2009 12:18:45 PM
Creation date
11/27/2017 11:32:15 AM
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Template:
Meeting Minutes
Doc Type
Minutes
Meeting Minutes - Date
12/17/2007
Board
Board of Commissioners
Meeting Type
Regular
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EXIIIBIT "B" <br />SOFTWARE LICENSE AND SUPPORT AGREEMENT <br />THIS SOFTWARE LICENSE AND SUPPORT AGREEMENT made as of the <br />day of , _, by and between BI-TEK, LLC, a North Carolina limited <br />liability company having its principal address at 8604 Cliff Cameron Drive, Suite 170, <br />Charlotte, NC 28269 (hereinafter "BI-Tek"), and CABARRUS COUNTY, a body politic <br />and political subdivision of the State of North Carolina having its principal office at 65 <br />Church Street SE Concord NC 28025 (the "Licensee") and is a part of the Master <br />Agreement executed by and between the parties on even date herewith (the "Master <br />Agreement"). <br />PRENIISES <br />BI-Tek has created and owns software applications used by local governments to <br />value real and personal property and to assess, bill, collect and distribute taxes (the <br />"Applications"); and <br />Licensee desires to obtain from BI-Tek the right to use certain of the Application <br />and support in connection with such use.. <br />In consideration of the foregoing, the other mutual promises set forth in the <br />Master Agreement and in this Agreement, and other good and valuable consideration, the <br />receipt and sufficiency of which are hereby acknowledged, the parties, intending to be <br />legally bound agree as follows: <br />1. License. Although BI-Tek shall at all times be the sole owner of all right, title <br />and interest in the Applications and their source codes, it hereby grants to the Licensee <br />the non-exclusive and nontransferable right and license to use; for its own internal use <br />only, the Applications described. on Schedule 1, attached and made a part by reference, <br />subject to Licensee's payment of the fees due hereunder. Licensee acknowledges that the <br />Applications may only be used by it with the consent of BI-Tek during the term of this <br />Agreement. Upon termination of this Agreement, the license granted shall. expire and <br />Licensee shall immediately discontinue use of the Applications. <br />2. Consideration. In consideration of BI-Tek granting the license to Licensee, <br />Licensee shall pay to BI-Tek the initial license fee and annual support and maintenance <br />fees set forth on Schedule 1 attached and made a part by reference. <br />3. Representations by BI-Tek. BI-Tek represents that BI-Tek is the exclusive <br />owner of all rights to the Application; has the right to grant the license hereby granted; <br />and has executed no agreement in conflict herewith. In the event that any of the <br />Applications is determined to infringe, then BI-Tek shall make a reasonable effort to <br />obtain the right for Licensee to continued use of the infringing Application. If it fails to <br />~s -i4 <br />
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