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1 W s Renewal Maintenance Agreement 2/21/2006 determining whether to replace or repair any malfunctioning item; provided, however, that any such replacement shall be a functional equivalent. 2.10 Diagnostic Software. In order to facilitate rapid analysis of a System Failure involving software, IWS will provide trained staff, at its company location, capable of handling software failures in an expedient manner. In addition they will have diagnostic software for the purpose of identifying the cause of System Failures, temporarily patching around the problem if necessary or temporarily disabling the use of the malfunctioning software module so that the System can be returned to use for other activities with minimal degradation in operation. 2.11 off -Site Maintenance: Any maintenance services required to be performed under this Agreement which cannot, in IWS's reasonable judgment, be performed effectively at or near the System site shall be performed at such other location(s) as IWS may determine, at no extra cost to Customer. However, a loaned part(s) from IWS's warehouse may be installed into the System prior to the shipping of the item(s) being removed for maintenance. 2.12 Log Entries: CITY, after its request, shall be provided with IWS records regarding System failures, and any other malfunctions, problems, or defects in the System, in accordance with a format to be provided by IWS. 2.13 Network Connections: Although IWS will provide some guidance and direction, IWS is not responsible for resolving problems relating to networks. 2.14 Data Sack -ups: It is the CITY's responsibility to keep adequate System data back-ups. IWS is not responsible for loss of data. 2.15 Proprietary Information: CITY acknowledges that the database structure contains IWS trade secrets and intellectual property rights, which are the property of IWS. CITY agrees that the database structure may not be copied, modified or reproduced in whole or in part, for any purpose whatsoever. The database structure may not be reverse engineered, de -compiled, dissembled, or otherwise reverse engineered in whole or in part. 3. CUSTOMER RESPONSIBILITIES 3.1 General: CITY agrees to provide IWS with the contact information for their System Administrator(s), and their backup(s), who generally will be available during the CITY's normal Monday through Friday daytime business hours. CITY acknowledges that it is important for the CITY's System Administrator to take an active role in the management of the Crime Capture System and that image quality and consistency are very important in general and especially important with regard to any centralized repositories. Page 6 per 01-01-05