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APPENDIX A: SOFTWARE TERMS OF USE <br />This SOFTWARE TERMS OF USE AGREEMENT (“Agreement”) outlines the terms by which Orange <br />County Government (“User”) may access and use software provider by ENPIRA INC. (“Provider”) (each, a <br />“Party”; collectively, the “Parties”). <br />1.USE OF SOFTWARE <br />1.1. As referred to herein, “Software” shall mean any and all proprietary software, libraries, <br />technology, and owned and operated by Enpira, including but not limited to hosted software <br />available for access at https://enpira.io. <br />1.2. User acknowledges and agrees that the Software may be used only by User’s employees, <br />contractors, or other agents who have been authorized by User to use the Software in <br />accordance with the terms and conditions of this Agreement under User’s supervision (each an <br />“Authorized User”). User shall remain responsible for ensuring that all Authorized Users who <br />receive access to the Software through the User, whether or not permitted under this <br />Agreement, comply with the terms and conditions of this Agreement, and User will remain liable <br />for all use of the Software by those Authorized Users. <br />2.OWNERSHIP <br />2.1. The Software contains proprietary trade secrets of Provider, having great commercial value to <br />Provider. All Software provided to User under this Agreement is provided on a limited-use basis <br />as set forth in this Agreement. Title to all Software and all related patent, copyright, trademark, <br />trade secret, intellectual property, and other ownership rights shall be and remain exclusively <br />with Provider. <br />2.2. All rights in and to the Software that are not expressly granted hereunder are reserved for <br />Provider. This Agreement is not an agreement of sale, and no title, patent, copyright, trademark, <br />trade secret, intellectual property, or other ownership right to any Software is transferred to <br />User by virtue of this Agreement. <br />3.USE RESTRICTIONS <br />3.1. Except as otherwise permitted under this Agreement, User shall not, and shall not permit any <br />Authorized User to: <br />a.copy the Software, in whole or in part; <br />b.modify, correct, adapt, translate, enhance or otherwise prepare derivative works <br />or improvements of any Software; <br />c.rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise <br />make available the Software to any person or entity, including on or in connection <br />with the internet or any time-sharing, service bureau, software as a service, cloud or <br />other technology or service; <br />DocuSign Envelope ID: 8161DA59-2376-4849-ABAC-306B75528C22