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10.3.3 If the Subsystems do not pass after three (3) restarts or resumptions due to an unresolved Critical or Urgent Priority software error, the City and TriTech will develop a joint resolution plan. 10.4 Final System Acce tp ance. If all Subsystems Go Live together, Final System Acceptance shall occur at the conclusion of the thirty (30) day Reliability Acceptance Test Period defined above. Should the Subsystems be implemented in a two -phased approach with Inform CAD, Inform Mobile and related Interfaces in Phase I; and Inform RMS, Inform FBR and related Interfaces in Phase II, Final System Acceptance will be achieved at the conclusion of the thirty (30) day Subsystem Reliability Acceptance test period for Phase II (Inform RMS, Inform FBR, and related Interfaces) if there are no unresolved Critical Priority or Urgent Priority software errors, including transfer of data between Inform CAD and Inform Mobile, and Inform RMS and Inform FBR as defined in the Software Support Agreement. In the event of Critical or Urgent Priority software error, the steps in sections 10.3.1 through 10.3.2 will be followed. [WRWEDOy11101 IYEINY11'�1►1 317� LDIIJI7 '/7[li: IGy 11.1 The copyright to the Software and Documentation (including without limitation the Subsystem Software and Documentation) is owned by the Vendor thereof. Said software and documentation is licensed, not sold. Nothing in this Agreement shall be construed as conveying title in the Software or Documentation to Client. 11.2 Provided that Client's confidential business information and confidential data is marked with the legend "CONFIDENTIAL INFORMATION", "PROPRIETARY INFORMATION", or a substantially similar legend, or characterized verbally in such a manner by Client, TriTech agrees to maintain Client's confidential business information and confidential data, including patient identifying data, to which TriTech gains access in confidence and to not disclose such information except as required to perform hereunder or as required by law. Notwithstanding the above, the applicable Vendor shall own the copyrights, trade secrets, patent rights and other proprietary rights in and may use without restriction knowledge, information, ideas, methods, know-how, and copyrightable expression learned or acquired as a result of or in connection with this Agreement to make modifications and enhancements to Software or Documentation. Client shall acquire no intellectual property ownership rights to Software or Documentation as a result of such use, whether as author, joint author, or otherwise. 11.2.1 TriTech maintains a security program for managing access to client data — particularly HIPAA and CJIS information ("Security Approved Personnel"). This includes 1) a pre -employment background check; 2) security training required by Federal CJIS regulations; and 3) criminal background checks/fingerprints required by Federal or State regulations. TriTech will provide required documentation (such as the CJIS Security Addendum Certification form and VPN documents). The same security program shall be applied to any TriTech personnel who will access non-public areas at Client's facility. 11.2.1.1 If required by the Client, TriTech will provide paper fingerprint cards for such Security Approved personnel with the fingerprinting performed in the state of the TriTech staff's job assignment. If the Client requires fingerprints submitted in a form Santa Ana System Purchase and Support Agreement Copyright© 2015 TriTech Software Systems Unpublished: Rights reserved under the copyright Laws of the United States Page 14 of 104