1.1]
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System: The collection(s) of CSC computer
programs named in a Schedule of Charges and
any addenda to this Agreement. A System
includes ali materials related thereto supplied
to Customer under this Agreement, which may
include, without limitation, Documentation,
flow charts, logic diagrams, source codes,
object codes, and materials of any type
whatsoever (tangible or intangible and
machine or human readable) which
incorporate or reflect the design,
specifications, or workings of such programs
and any changes, additions or modifications
provided through Maintenance or
Enhancements. Systern may refer to more than
one System, despite the use of the singular.
Third Party Product: The hardware and
software products identified on the Schedule
of Charges which are manufactured or
provided by parties other than CSC,
Workstation: A discrete equipment
configuration which has access to the Server.
TITLE AND SCOPE OF LICENSE
Upon execution hereof, CSC grants Customer
a personal, nontransferable, nonassignable and
nonexclusive license to use each System set
forth in the Schedule of Charges, which
license shall continue until terminated. Any
unauthorized assignment shal] be void.
This Agreement grants Customer only a
license to use a System and does not grant or
assign to Customer any legal or equitable title
or other right in such System or any
modifications of such System. Customer may
not sell, assign, pledge, lease, transfer, license,
sublicense or in any way encumber a System.
A System licensed pursuant to this Agreement
is licensed for use on the hardware and
operating syStern platform set forth in the
System manuals provided as Documentation
by a single user unless otherwise set forth in
the Schedule of Charges. The license shall be
limited to the use of a System for the
processing of data at the Authorized Location.
DELIVERY, INSTALLATION AND USE
CSC shall deliver to Customer one copy of the
most current Release of a System available for
distribution to licensees on or promptly after
the effective date of the applicable Schedule
of Charges specifying such System.
installation of a System shall be Customer's
City of Nashua MLA 062402 STE final
RISKMASTER — Steve Evers
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responsibility unless Customer separately
contracts with CSC for implementation.
Initial delivery of a System shall constitute
fulfillment of CSC's obligation under this
paragraph.
Customer shall execute the System on the
designated Server only and may load, copy or
transmit the System and DSM(s), in whole or
in part, only as necessary for execution on the
Server, except that Customer may execute the
System or DSM(s) (except diagnostic
software) on another single processor or
equipment configuration on a temporary basis
during 2 malfuriction which prevents
execution of the System or DSM{s) on the
Server, and may load, transmit, or copy the
System or DSM(s) (at Customer’s expense) as
necessary for such temporary execution.
Customer may make backup or archival
copies of the System and DSM(s) as permitted
under the Copyright Law of the United States.
Customer shall reproduce CSC’s copyright
and all other legal or proprietary notices and
any complete or partial copies of the System,
DSM(s) and Documentation. All such
additional copies shall be the property of CSC.
Customer shall maintain appropriate written
records of the mumber and location ofall such
copies, and shall furnish such information to
CSC upon request. Except as provided hereim,
all terms and conditions of this Agreement
shall apply to all such copies, except CSC
shall have no obligation or responsibility to
render or provide any MESA or warranty
services for such additional copies.
A System licensed to Customer shall be the
United States of America version of the
System, unless otherwise expressly provided
in a Schedule of Charges.
Customer acknowledges that its licensed
System and Third Party Products are unique
and proprietary to CSC and its suppliers and
coniain irade secrets of CSC and its suppliers.
Customer shall not allow any person or entily
to copy a System or Third Party Product in
whole or in part in any manner except as
expressly permitted in this Agreement.
Customer shall not disclose or otherwise make
a System or Third Party Product available to
any person or entity other than employees of
Customer required to have such knowledge
for normal use of such System or Third Party
Product. Customer agrees to obligate each