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Agreement, and Client assumes and accepts all responsibility and all liability for each of Client's Authorized <br />Users, and any user whom the Client, or Client's Authorized Users, grants eSOPH System access, including all <br />their acts or omissions while accessing and using the eSOPH System and/or any information obtained through <br />such access and use. <br />2.3 Set -Up and Use of the eSOPH System. <br />2.3.1 Upon execution of this Agreement by both parties and MMI's receipt of a purchase order <br />issued by Client, MMI will work with Client to establish Client's account on the eSOPH System and provide in - <br />person setup and training for Client's access and use of the eSOPH System. Client specific set-up Services may <br />be described in the Client Specific Terms attached hereto as Exhibit A. <br />2.3.2 For each Applicant, an Authorized User (with appropriate permission levels set in the <br />eSOPH System), must create an entry method into the eSOPH System for the Applicant. One method is by entering <br />the Applicant's legal name and other identifying information into the eSOPH System. This is considered an <br />"Entry." An Authorized User, may then grant access to the eSOPH System to the Applicant, who may use it to <br />submit information to assist Client in executing its background investigation of such Applicant. The second entry <br />method is for an Authorized User, to create an access code within the eSOPH System. The access code, if given <br />out to Applicants, will allow those Applicants with the access code to access the system with no further data entry <br />by any Authorized User. The Applicant(s) then has/have access to the eSOPH System to submit information to <br />assist Client in executing its background investigation of such Applicant(s). Each Applicant who accesses the <br />system via the access code option will also be considered an "Entry". Any Authorized Users may access and use <br />the eSOPH System for the purpose of adding information, and accessing and reviewing information submitted by <br />Applicant(s). Any Authorized User, including Applicants, must be capable of entering into legally binding <br />agreements. <br />2.3.3 If Client desires to have Users under the age of 18 access and use the eSOPH System, <br />Client will have qualified legal counsel draft a release agreement to be executed by the minor's legal guardian(s), <br />prior to the minor's access to the eSOPH System. The release must include a language legally sufficient to hold <br />MMI harmless and release MMI of all liability. Client agrees it is solely responsible, and will retain all executed <br />release agreements, and will provide MMI a fully legible copy of the requested release agreement(s), if so <br />requested by MMI, within five calendar days of MMI's request. Client is solely responsible for researching and <br />complying with all laws regarding a minor's access to and use of the eSOPH System. Client agrees to defend, <br />indemnify and hold MMI harmless from all claims and damages relating to a minor's use of the eSOPH system. <br />2.4 Restrictions on Use. <br />2.4.1 Except as expressly permitted below, Client (including its Authorized Users) is strictly <br />forbidden from entering at any time fictitious data (e.g., names, social security numbers, addresses, phone numbers <br />or other data) into the eSOPH System for "testing," "training," or any other purpose. MMI reserves the right to <br />invoice Client at MNI 's hourly rate stated in Exhibit A, for the removal of any fictitious data entered by any <br />Authorized User. MMI will provide to Client a "fake" applicant name and the other information necessary to <br />conduct training and testing with its Authorized Users, at Client's request. MMI will remove the "fake" applicant <br />from the eSOPH System, after requested 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 <br />investigations for those Applicants who have applied for employment or a volunteer position within the Client's <br />specific government agency (e.g., state government, township, county, city, and village). Client may not use the <br />eSOPH System on behalf of other government agencies or entities. MMI reserves the right to invoice Client all <br />fees equivalent to if the other entity were a direct Client of MMI. Client agrees to pay the fees in accordance with <br />Section 3 of this MSLA. <br />2.5 Acknowledgment of Ownership and Limited License Rights. <br />MASTER SOFTWARE LICENSE & SERVICES AGREEMENT PAGE 3 OF 20 <br />Version: April 12, 2017 <br />