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4. Miscellaneous Provisions <br />a) Applicable Law. If you acquired the Software in the United States, this EULA is governed by the <br />laws of the State of California. <br />b) Modifications. This License may only be modified by a written amendment signed by persons <br />duly authorized to enter into contracts on your behalf and KCC. <br />c) Waiver. The failure of either party of this License to take affirmative action with respect to any <br />conduct of the other, which is in violation of the terms of this contract, shall not be construed as a <br />waiver thereof, or of any future breach or subsequent wrongful conduct. <br />d) Withdrawal by Individual Agency. Should one or more agencies contributing to a COPLINK° <br />Node information sharing system withdraw, KCC will modify the existing migration and mapping <br />from those agencies to the COPLINK° node or data warehouse to exclude future refresh of data <br />from those agencies. Such modification will be covered as part of the annual maintenance so long <br />as the remaining agencies' data remains in the COPLINK° node. If an agency wishes to remove <br />data previous migrated to the COPLINK° node or data warehouse, KCC will bill that Agency for <br />the COPLINK node for time and materials related to this activity. Customer is not responsible for <br />the costs of data migration of any Agency except the City of Santa Ana, CA. <br />e) Use of Names and Trademarks. You shall have the right to use the trademarks and name of <br />KCC, but shall not have the right to use the names of the inventors of the Software without the <br />written consent of the party whose name is desired to be used. COPLINK~ and other trademarks <br />contained in the Software are trademarks or registered trademarks of KCC. Third party trade- <br />marks, trade names, product names and logos may be the trademarks or registered trademarks <br />of their respective owners. You may not remove or alter any trademark, trade names, product <br />names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. <br />This EULA does not authorize you to use the COPLINK® trademark or its licensors' names or any <br />of their respective trademarks. <br />f) Entire Software End-User License Agreement. This License represents the entire agreement <br />between you and KCC relating to this requirement and shall prevail over any and all previous ver- <br />bal and written agreements. No COPLINK° reseller, agent or KCC employee is authorized to <br />make any amendment to this License. <br />All questions concerning this EULA shall be directed to: Knowledge Computing Corporation, 7750 E. <br />Broadway Blvd. Suite 100, Tucson, AZ 85710, Attention: Support Services. <br />Page 12 of 12 <br />20A-16 <br />