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<br /> APP~~~AT~~N H~ST~NG ADD S~FTWA~~ L~CiWS~ AREE~l~NT
<br /> Yardi systems, Inc., a Cali€ornia corporation headquartered at X30 ~oith Fairview Avenue, valeta, CA 9~17T ~"Yardin},and
<br /> Santa Ana Hausinc~ C~epartr~nerkt ~"Ciientz')
<br /> Civic Center Plaza PO Box 7958
<br /> rSar~ta Ana, CA~~~~~9Z
<br /> enter into this agreement incliding an~+ sct~ed~ales, exhibits ar a#her attachrrsents this ~A~reemer~t~~ effective as of the Pffective date
<br /> defined in section 7 (~afinitions~, helaw~.
<br /> PECITAL
<br /> Yardi has developed certain real property and asset management application software for use in corxjunctian with an ~s,
<br /> sociated database. Client desires #a license certain Yardi software via access to a designated Site jdefned in section 7 ~defnitions},
<br /> below pursiant to. this Agreement's #erms.
<br /> Ire consideration of t#~eir respective rights and obligations as set forth in this A~reemer~t, the parties agree as foilaws:
<br /> AGR1~I~EN~'
<br /> 7. Ue~ini~ons. tk~e f;fi€ec#ive Da#e.
<br /> a. "Anniversary I]ate~ means the da#e that is ~fi5 days
<br /> after the Initiefiark date, aid each anniversary therea~er of 1. ~Licer~s~ Pro~rams~ means the so'~ware programs .
<br />
<br /> . the date that is 3fi days after the Initiation Date, during this ider~ti#ted in schedule A.
<br /> Rgreement's Term.
<br /> m. ~Licer~sed Pr~~rams ?ocumer~tatioo~ rnear~ the
<br /> b. "B~siness Pr~rposes~ means maragement of user manuals and docurnenta~on for the Licensed Pro- -
<br /> . Clien#'s real property pertfoiio far accounting, property man- grams.
<br /> agement and related business purposes.
<br /> n. "Password" means the ur~i~ie riser game and
<br /> c. "C!i'er~t Data" means the data that Client's aesignat password assigned by Client #o each Desigr~a#ed User as
<br /> ed Users #ransrnit and~or enter into the database associated more fully described ir, section 6 {Users ar~d Passwords}.
<br /> with the Licensed Programs in car~nectior~ with their Usa of
<br /> tt~e Licensed Programs pursuant to this Agreement. o. "P~Csn means the pers~n~s}Client identifies to Yardi
<br /> as points of contact for application support services and .
<br /> d,. ~Citrix aesigr}ated User" ?~eans a Designated laser other accaun# management purposes,
<br /> utiiizing Citrix products to access the Site, incensed Pro-
<br /> grams, andfar Ckier3t Data for administrative purposes. p. "Site" means Yardk's site on the Internet at which
<br /> Yardi hosts ~e Licensed Programs and Client data. -
<br /> "Beliverabie° means ar~y deliverable or inteklectual
<br /> property delivered #o Client as part of Programming Sereices q. k5oftware ~rro;" means a reproducible failure o€ the
<br /> ~dei:wned ire section f4 ~l'regrarnming Services}] ar other Licensed Programs to rnaterialiy perfarrn as speci#ied in the
<br /> services provided p~rsr~arrt to this A~reemer~#. Licensed Programs ~ocumer,tation.
<br /> f. "Desi~rrated User rnear~s a Client employee or r. "Undisputed I^ees° means all Fees due from Client
<br /> contractor desig~rated by Client to access the Site and Use ~rnder this A~reerrter~t which Client does rat reasor~abiy and
<br /> the Licensed Programs far Business Purposes. in good faith dispute -and provide notice o€ such dispute in
<br /> accord with sectiar~ 78~f~ ~Noticesj -within 3~- days of in-
<br /> g. ")`ffective Date" means August 7, ~O~g. voice.
<br /> ~Fees~ means the fees identified ir, Schedule A, and s. "Use" means authorized access to the Site and use
<br /> . any other feiws that may became drre under this Agreement. of the Licensed Programs and Licensed Programs Docu-
<br /> rnentation by Client's Designated Users solely far Client's
<br /> "r. "Force Ma~eure k=vent means any event beyond. the Business Purposes.
<br /> reasanabie control o€ the party affected by such event, ir~-
<br /> chiding without iirt~itatiori fire, stomp, weather, earthq~,aice, 2. License Grant• Res#rictior~s• Access to Site.
<br /> explosion, casua#ty, strike, war, riotr civil ~disturbanee, act of a. Licenses. Yardi grants to CEier~t a rron-exclusive,
<br /> . hod, acts or omission ofi any #hird party, any state or r~atiortal non~trans€erable except as expressly provided in_ this
<br /> la?~v, decree or ordinance, or ar~y execr,tive or judicial order, Agrees~er~t}, limited kicense for Client's Qesi~nated Users to
<br /> which event causes a pair to delay or fail to perform ender access .the Site and Use the Licensed Programs and Li-
<br /> this Agreement. ~ - ~ cerrsed~Programs Documer~t~tion which Yardi shall provide
<br /> in electronic format} far Client's ~€~siness Purposes.
<br /> °ima~e StorageA means Client Data f le storage an
<br /> fide servers separate from the database server used to serve b. Res~iictions. Client may only exercise the license _
<br /> Client Dad. ~ ~ granted in section ~~a} Licenses} through its designated
<br /> Users. Client may rat rent, lease, self, transfer Eby subli-
<br /> lC. "ini~iatiorr Bate" means the date that is 2 ~veeks after tense, assi~nmer~t or otherwise except as expressly pro-
<br /> ~f~~t
<br /> CQt~fdentia~
<br /> . Preparat~or~ D~fe: day ~ ~ , 2D09 ~ ~ ~ ANA
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