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MILLER MENDEL, INC. PROPRIETARY AND CONFIDENTIAL release agreements, and will provide MMI a fully legible copy of the requested release agreement(s), if so requested by MMI, within five calendar days of MMI's request. Client is solely responsible for researching and complying with all laws regarding a minor's access to the eSOPH System. Z.4. Restrictions on Use. 2.4.1. Client is strictly forbidden from entering at any time fictitious data (e.g., names, social security numbers, addresses, phone numbers or other data) into the eSOPH System for "testing," "training," or any other purpose. Client agrees to take the necessary steps to ensure any Authorized Users (except Applicants) do not enter fictitious data into the eSOPH system. MMI reserves the right to invoice Client at MMI's hourly rate stated in Exhibit "A", for the removal of any fictitious data entered by any Authorized User. MMI will provide to Client a "fake" applicant name and the other information necessary to conduct training and testing with its Authorized Users, at Client's request. MMI will remove the "fake" applicant from the System, after requested by Client, at completion of Client's testing or training. 2.4.2. Client may use the eSOPH System only to aid in pre-employment background investigations for those Applicants who have applied for employment or a volunteer position within the Client's specific government agency (e.g., state government, township, county, city, and village). Client may not use the eSOPH System on behalf of other government agencies or entities. MMI reserves the right to invoice Client all fees equivalent to fees as if the other entity were a direct Client of MMI, plus up to a 25% penalty fee for violation of this term, and Client agrees to pay all penalty fees in accordance with Section 3 of this MSLA. 2.5. Acknowledgment of Limited License Rights. 2.5.1. Client shall have only the rights specifically granted by MMI under this Agreement. No additional rights are granted or may be inferred. Client acknowledges and agrees that it does not have any right to: (i) make any modifications to any portion of the eSOPH System to which it is not intended to have access, via the user interface; (ii) attempt to reverse engineer, disassemble, reverse translate, decompile, decode or copy any portion of the eSOPH System; (iii) remove any patent, trademark, service mark or copyright notices which MMI places on the eSOPH System; or (iv) take any other actions inconsistent with the limited rights granted by this Agreement. 2.5.2. Client shall immediately notify MMI of any activity to which it becomes aware which may constitute infringement or attempted infringement of MMI's rights in and to the eSOPH System, including violations of intellectual property law(s). Client shall provide MMI with all reasonable assistance necessary or desirable for MMI to protect any of its rights, including without limitation its Intellectual Property Rights, in connection with the eSOPH System and agrees, upon written request from MMI, to furnish any and all records and information regarding the party suspected of infringement that it may lawfully release. 2.6. System Updates. The eSOPH System may be updated on an as -needed basis by MMI or MMI contracted service providers. Client may need to update its Internet browsers, connections, Internet service, and some hardware from time to time to permit ongoing compatibility with the eSOPH System. MMI will make every effort to assure uptime in accordance with the Service Level Agreement (SLA) attached hereto as Exhibit B; however, this is not guaranteed and system, software and equipment updates, including third party applications and systems may cause the eSOPH System and Service to be unavailable. To the extent possible, MMI planned software and equipment updates will be scheduled during hours least likely to affect service to Clients, generally late evening, or early morning hours, as set forth in the attached Exhibit B. 2.7. Customizations. Client may request in writing that MMI create or make available to Client additional features and customizations to the eSOPH System ("Customization(s)"). At MMI's sole discretion, MMI may choose to accept such Customization request or deny the request. For requests approved by MMI, MMI will charge Client an industry standard hourly fee for development of such Customizations. Final approval for all billable work must be in the form of a separate agreement and executed by Client's signing authority. All invoices will be paid in accordance with Section 3 of this Agreement. The Parties agree MMI will retain all ownership and Intellectual Property Rights to any Customizations MMI develops or implements. All Customizations shall be MASTER SOFTWARE LICENSE & SERVICES AGREEMENT PAGE 3 OF 17 Version: August 27, 2015 — Santa Ana PD Only