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MILLER MENDEL, [NC. PROPRIETARY AND CONFIDENTIAL
<br />of the minor, confirmation that the approved release agreement (attached hereto at Schedule 2.3.3.1) has been
<br />fully executed by the minor's parent or legal guardian. Client agrees it is solely responsible, and will retain all
<br />executed release agreements, and will provide MMI a fully legible copy of the requested release agreement(s),
<br />if so requested by MMI, within five calendar days of MMI's request. Client is solely responsible for researching
<br />and complying with all laws regarding a minor's access to the eSOPH System.
<br />2.4. Restrictions on Use.
<br />2.4.1. Client is strictly forbidden from entering at any time fictitious data (e.g., names, social security
<br />numbers, addresses, phone numbers or other data) into the eSOPH System for "testing," "training," or any other
<br />purpose. Client agrees to take the necessary steps to ensure any Authorized Users (except Applicants) do not
<br />enter fictitious data into the eSOPH system. MMI reserves the right to invoice Client at MMI's hourly rate
<br />stated in Exhibit "A", for the removal of any fictitious data entered by any Authorized User. MMI will provide
<br />to Client a "fake" applicant name and the other information necessary to conduct training and testing with its
<br />Authorized Users, at Client's request. MMI will remove the "fake" applicant from the System, after requested
<br />by Client, at completion of Client's testing or training.
<br />2.4.2. Client may use the eSOPH System only to aid in pre-employment background investigations
<br />for those Applicants who have applied for employment or a volunteer position within the Client's specific
<br />government agency (e.g., state government, township, county, city, and village). Client may not use the eSOPH
<br />System on behalf of other government agencies or entities. MMI reserves the right to invoice Client all fees
<br />equivalent to fees as if the other entity were a direct Client of MMI, plus up to a 25% penalty fee for violation
<br />of this term, and Client agrees to pay all penalty fees in accordance with Section 3 of this MSLA.
<br />2.5. Acknowledgment of Limited License Rights.
<br />2.5.1. Client shall have only the rights specifically granted by MMI under this Agreement. No
<br />additional rights are granted or may be inferred. Client acknowledges and agrees that it does not have any right
<br />to: (i) make any modifications to any portion of the eSOPH System to which it is not intended to have access,
<br />via the user interface; (ii) attempt to reverse engineer, disassemble, reverse translate, decompile, decode or copy
<br />any portion of the eSOPH System; (iii) remove any patent, trademark, service mark or copyright notices which
<br />MMI places on the eSOPH System; or (iv) take any other actions inconsistent with the limited rights granted by
<br />this Agreement.
<br />2.5.2. Client shall immediately notify MMI of any activity to which it becomes aware which may
<br />constitute infringement or attempted infringement of MMI's rights in and to the eSOPH System, including
<br />violations of intellectual property law(s). Client shall provide MMI with all reasonable assistance necessary or
<br />desirable for MMI to protect any of its rights, including without limitation its Intellectual Property Rights, in
<br />connection with the eSOPH System and agrees, upon written request from MMI, to furnish any and all records
<br />and information regarding the party suspected of infringement that it may lawfully release.
<br />2.6. System Updates. The eSOPH System may be updated on an as -needed basis by MMI or MMT
<br />contracted service providers. Client may need to update its Internet browsers, connections, Internet service, and
<br />some hardware from time to time to permit ongoing compatibility with the eSOPH System. MMI will make
<br />every effort to assure uptime in accordance with the Service Level Agreement (SLA) attached hereto as Exhibit
<br />B; however, this is not guaranteed and system, software and equipment updates, including third party
<br />applications and systems may cause the eSOPH System and Service to be unavailable. To the extent possible,
<br />MMI planned software and equipment updates will be scheduled during hours least likely to affect service to
<br />Clients, generally late evening, or early morning hours, as set forth in the attached Exhibit B.
<br />2.7. Customizations. Client may request in writing that MMI create or make available to Client additional
<br />features and customizations to the eSOPH System ("Customization(s)"). At MMI's sole discretion, MMI may
<br />choose to accept such Customization request or deny the request. For requests approved by MMI, MMI will
<br />charge Client an industry standard hourly fee for development of such Customizations. Final approval for all
<br />billable work must be in the form of a separate agreement and executed by Client's signing authority. All
<br />MASTER SOFTWARE LICENSE & SERVICES AGREEMENT PAGE 3 OF 18
<br />Version: August 27, 2015 —Santa Ana PD Only
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