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Agreement No. 04012012001 <br />SUPPORT <br />5.1 Regular Support. For the term of this Agreement DMP will provide telephone support for Licensed Products at <br />the prevailing DMP technical consulting rates. Such support will be provided by technical staff as resources are available. <br />5.2 On -Call Support. Licensee may elect for On -call customer support and be provided with priority telephone <br />access and an E -Mail address to communicate support issues to DMP for an annual fee. Normal hours of operation for On -Call <br />Support are 8:00 a.m. to 5:00 p.m PST. A technical consultant will respond to all telephone requests submitted within four business <br />hours and to all emergency requests within two business hours. A technical consultant will provide up to 16 hours per year of <br />technical consulting resources required to address any specific issues as directed by Licensee. Any additional resources requested <br />by Licensee will be made available at the prevailing DMP technical consulting rates. Licensee will appoint one contact person for <br />addressing support issues to DMP. <br />6. MAINTENANCE AND MODIFICATIONS. <br />6.1 Maintenance Update Schedule. Licensee shall receive Database updates to the Licensed Products according to <br />the dates outlined on the Order Form. <br />6.2 Errors in the Licensed Product. Licensee may identify errors in the Licensed Product to DMP, but Licensee shall <br />not be responsible for correcting such errors. Any errors detected by Licensee and identified to DMP in writing shall be forwarded <br />to Contributors. Contributors shall investigate all errors and may at their sole discretion decide to fix such errors in which case such <br />corrections shall be included in the next scheduled update of the Licensed Product to Licensee. DMP shall provide written feedback <br />to Licensee with respect to the disposition of all errors communicated to DMP in writing. <br />LICENSE FEES, PAYMENT AND ACCEPTANCE. <br />7.1 License Fees and Payments. In consideration of the license rights granted in Section 3 above, Licensee shall <br />pay license fees for the Licensed Products and Other Products /Services as set forth on the Order Form, plus all applicable taxes. All <br />applicable fees shall be invoiced annually at the beginning of each contract year. Licensee shall be invoiced in -full upon delivery <br />and Licensee will pay the invoiced amount to DMP in -full within sixty (60) days from date of invoice. <br />7.2 Other Products /Services. Other Products /Services included with Licensed Products and corresponding fees <br />have been itemized on the Order Form. <br />PROTECTION OF LICENSED PRODUCT. <br />8.1 Proprietary Notices. Contributors claim and reserve all ownership and rights afforded at law and in equity in all data, <br />compilations, and materials that constitute the Licensed Products, including, but not limited to, all rights under federal copyright <br />law. Licensee agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality, or <br />other proprietary notice, mark, or legend appearing on the Licensed Product or on the Visual Output, including, but not limited to, <br />any such notices displayed to the user during the operation of the Licensed Products and any such notices in the Documentation, <br />and agrees to use its best efforts to reproduce and include the same on any copy of the Licensed Product or any portion thereof <br />distributed to Licensee's consultants, agents and contractors. Map printouts and plots shall bear the following notice: <br />Copyright 2012, All Rights Reserved <br />Licensee shall use the same reasonable effort to include the above notice on all Visual Output and shall at all times exert no lesser <br />effort than that Licensee uses to protect Licensee's own intellectual property. Licensee further agrees to use its best and <br />reasonable efforts to require all contractors, consultants and agents using the Licensed Products, as provided in Section 3, to <br />include the above notice on all Visual Output. <br />8.2 Ownership. Licensee further acknowledges that the Licensed Products in any form provided by DMP and any <br />copies thereof, including, without limitation, all portions of the Derivative Products that are copied from or based on the Licensed <br />Products, are the sole property of Contributors. Except for the rights expressly granted to Licensee herein, Licensee shall not have <br />any right, title, or interest in or to such portions of the Derivative Products or to the Database or Documentation or any copies of <br />any of the foregoing except as expressly provided in this Agreement, and further shall secure and protect the Database consistent <br />the terms of this Agreement. DMP and Contributors make no claim of ownership or copyright in or to any original data contributed <br />by Licensee to the Licensed Products or Derivative Products. All copyrights associated with the Licensed Product and relevant <br />Contributed Databases and all other rights thereto not specifically granted to the Licensee in this Agreement are reserved by DMP. <br />Nothing contained in this Agreement shall be construed as conferring any license or right with respect to any trademark, trade <br />name, brand name, or the corporate name of DMP or Contributors. <br />Page 7 of 13 <br />