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DocuSign Envelope ID:76CF67A5-DD8E-4775-9AF0-37013D3CD9D1 <br /> specified in the applicable Sales Order. Delivery shall be deemed to have been made upon (i)transfer <br /> of the Software and Documentation by Spatialest to its shipping agent or (ii) receipt of electronic <br /> confirmation by Spatialest that the electronic mail to Customer containing the instructions for <br /> downloading the Software and Documentation from an FTP site has been sent. <br /> 6. Additional Software, Hardware and Equipment. Additional equipment and software may be <br /> necessary to install and operate properly the Software as detailed in the then-current Documentation. <br /> Future versions of the Software and new Spatialest products may require additional equipment and/or <br /> software,as well as updated versions of the additional equipment and software. Purchase or licensing <br /> of these items, if required,shall be solely the responsibility of Customer. Customer acknowledges that <br /> certain third-party hardware and software products ("Third Party Products") are provided by <br /> Spatialest as a "pass through" to Customer, and such Third-Party Products are covered by a warranty <br /> offered by the third-party hardware or software vendor, not Spatialest. Any such Third-Party Products <br /> shall be identified as such on the Sales Order. Customer acknowledges and agrees that Spatialest <br /> makes no warranty of any kind with respect to such Third-Party Products and agrees to look solely to <br /> the applicable vendor for warranty support for such Third-Party Products. <br /> 7. Software Warranty. Spatialest warrants that for a period of ninety(90) days from the date of <br /> delivery (the "Warranty Period"),the Software will perform in conformity with its Documentation, in <br /> all material respects. Such warranty does not apply to Software that has been damaged, mishandled, <br /> mistreated,altered or used or maintained or stored other than in conformity with the Documentation. <br /> If the above warranty is breached during the Warranty Period, Spatialest will, at its option and at no <br /> cost to Customer, (a) provide remedial services necessary to enable the Software to conform to the <br /> warranty, or (b) replace any defective Software, or (c) accept the return of the Software and provide <br /> Customer with a pro rata refund of any prepaid, unused amounts applicable to the balance of the <br /> unexpired License Term. Customer will provide Spatialest with a reasonable opportunity to remedy <br /> any breach and reasonable assistance in remedying any defects. Customer will notify Spatialest <br /> promptly in writing of any breach of the above warranty. The remedies set out in this subsection are <br /> Customer's sole remedies for breach of the above warranty. <br /> 8. Restrictions. Customer shall not and shall not allow any third party to decompile,disassemble, <br /> reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, <br /> underlying user interface techniques or algorithms of the Software or any portion thereof, or <br /> otherwise derive its source code; (ii) modify, translate, or create derivative works of the Software or <br /> Documentation; (iii) sell, lease, license, sublicense, copy (except as permitted in Section 1.2 above), <br /> market or distribute the Software or Documentation; or (iv) use the Software for any timesharing, <br /> service bureau, subscription, rental or similar uses without the express prior written consent of <br /> Spatialest Master Software and Services Agreement 18 <br />