AG 1999 06 21 - Laserfiche WebLink

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ATTACHMENT B END USER SOFTWARE LICENSE AND SUPPORT AGREEMENT THIS END USER SOFTWARE LICENCE AGREEMENT entered into this 15th day of June, 1999, by and between COTT SYSTEMS, INC., with principal offices at 1515 Hess Street, Columbus, Ohio 43212, and an office at 212 McDowell Street, Suite 212, Charlotte, North Carolina 28204 ("Licensor"), and COUNTY OF CABARRUS, NORTH CAROLINA, with principal offices at Cabarrus County Courthouse, Concord, North Carolina 28025 ("Licensee"). RECITALS Licensor is in the business of designing and licensing computer software for use by county and local governments and in connection therewith has developed the computer program described in Exhibit "A", a copy of which is attached hereto. Licensee desires to obtain a license to use the software program and provide for the support of the same, pursuant to the terms contained in this Agreement. TERMS OFAGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, receipt of which is hereby acknowledged by the parties, the parties agree as follows: 1. GRANT TO LICENSE. Licensor hereby grants and Licensee hereby accepts a non-exclusive, non-transferable right and license to the use of the software described in Exhibit "A" hereto within the United States. This licensed program in machine-readable form shall be for use solely on the central processing unit or units designated by type/serial number and its associated units ("CPU"), set out on Exhibit "B" attached hereto at the location set forth therein. In the event the CPU referred to in Exhibit "B" shall become inoperative due to malfunction, or, becomes unavailable due to the performance of maintenance or modification tasks, Licensee, upon giving written notice to Licensor, shall be permitted temporarily to use the software on a backup CPU until the licensed CPU is restored to operative status and processing of data already entered into the backup CPU shall have been completed. Licensee shall be permitted to make a copy of the software for backup purposes. In the event Licensee determines in its sole discretion to replace the CPU listed in Exhibit "B", Licensee may, upon notice to Licensor, transfer the subject software to the replacement CPU, provided such replacement CPU shall also be at the location set forth in Exhibit "B". Notwithstanding the foregoing, if the temporary use of a backup computer shall be for ten (10) working days or less, Licensee shall not be required to provide written notice to Licensor. 2. LICENSE FEE. Licensee hereby agrees to pay Licensor, an initial license fee charge of SN/A and monthly consideration for the grant of the subject license, according to the schedule attached hereto as Exhibit "C", in consideration for the license granted herein. Such fees shall constitute payment in full for the license and rights herein specified during the entire term of this Agreement. 1