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ePoliceReport, LLC <br />v~~- Agreement Number: 090902.001 <br />End User License Agreement <br />.~, <br />THIS AGREEMENT is between ePoliceRepart, LLC ("ePR"} and the entity purchasing and using <br />the software ("Agency's and the individuals accessing the software ("Users'. This Agreement <br />describes Agency's right to access and use ePR's software and Web services (collectively, the <br />"Servlces'~ that are hosted through ePR's Web servers. <br />1. License Grant. Subject to the terms of this Agreement, ePR grants Agency a limited, <br />non-exclusive, non-transferable license to use the Services for Agency's internal business purposes <br />only, and to make printed or electronic copies of any reports, numeric results and other <br />information or materials generated from Agency's Users' access and use of the Services. Agency <br />will provide access to the Services only to Agency's Users. Any updates, modifications, <br />enhancements or new versions of the Services that ePR makes available to Agency will be Services <br />for purposes of this Agreement. <br />2. Setup and Customization. Agency will provide ePR with all information required for <br />setup of Agency's ePR Web site and registration of Agency's administrator for the site <br />("Administrator'. ePR will create any necessary login pages and passwords for Agency's <br />Administrator. Agency is responsible far registering all Users. During the Term, Agency may enroll <br />as many Users as are identified on the Order Form. On request, ePR will create a customized look <br />and feel for Agency's Web site and Agency will pay for all changes identified with that <br />customization. <br />3. C nten . If, in using the Software or Services, Agency or a User uploads, records or <br />otherwise transmits any content to ePR's Web server, Agency is solely responsible for that content. <br />Neither Agency nor Agency's Users will use the Services or upload, record or otherwise transmit <br />any content that {a) infringes a third party's proprietary rights, rights of publicity or rights of <br />privacy, {b) violates any (aw, statute, ordinance or regulation, (c) is defamatory, libelous, <br />threatening, harassing, obscene, harmful or pornographic, or (d) contains any viruses or other <br />software that is intended to damage or interfere with (or surreptitiously intercept or capture) any <br />system, data or personal information. <br />4. Technica~S~rJnor~. ePR will provide technical support for the Services to Agency's <br />Administrator. ePR's support obligation will be limited to telephone support during ePR's normal <br />business hours (8:30 a.m, to 5:30 p.m. Pacific Time, Monday through Friday -excluding holidays). <br />Technical support will address issues related to use of the Services but will not include issues <br />related to a User's Internet connectivity or computer hardware. ePR will also maintain the Services <br />and Agency's ePR Web site. Maintenance will normally be performed each Sunday between 5:00 <br />p.m. and 2:00 a.m. (Pacific Time). During scheduled maintenance, the Services may not be <br />available for use. If the Services are unavailable other than during regularly scheduled <br />maintenance, the Term will automatically be extended by an amount equal to the unscheduled <br />downtime. Extension of the Term will be Agency's only remedy .for unscheduled downtime. <br />Because of the inherent qualities of the Internet, ePR cannot prevent and, therefore, is not <br />responsible for inadvertent security breaches, nor is ePR responsible for any failure to maintain the <br />confidentiality of any information. <br />5. Ownershln. ePR and its licensors will own and retain ail applicable copyrights, <br />trademarks, service marks, trade dress, trade secrets and other intellectual property rights in the <br />Services and all related items, including any enhancements or derivative works, whether or not <br />ePollceReport, !LC • tel 877.IT4.COPS • fax 408.528.8226 • www.epolicereport.com <br />5655 Sliver Creek Valley Road, San Jose, California 95138-2473 <br />