c) Patriot may choose to request a copy of the client database to load in Patriot's offices in
an attempt to either recreate the process or run the application to complete a process if
time is of the essence.
d) If these steps fail to correct the problem, and Patriot determines the problem is
application based and caused by application error, Patriot will go the client site to
remedy as needed.
3. Improvements, Additions, and Other Modifications to Software. If, at any time after
the initial acceptance date, Patriot shall develop any changes in the Basic Licensed Material
that change the basic program function(s), operating environment, or add additional function(s)
(“Modifications”), Customer shall have the right to obtain such Modifications for the difference
between the original Support and License Fee designated herein and Support and License Fee
of such Modification plus the cost of installation of the product at the Customer site, all ad
determined solely by Patriot. Patriot may choose to waive or adjust cost.
4. License. Provided that Cusiomer pays the Support and License Fee designated
herein, Patriot grants and the Customer accepts a nontransferable, non-exclusive license to use
the Basic Licensed Material and related Optional Licensed Material listed on Schedule A,
including those which are ordered from time to time by the Customer and confirmed in writing by
Patriot, for the Term and subject to the terms of this Agreement.
5. Term. The term of this Support and License Agreement shall be one year from the date
executed by the parties.
6. Confidentiality. Customer understands and agrees that all Basic Licensed Material,
Modifications, Optional Licensed Material and supporting documentation and materials
delivered with this agreement (“Delivered Materials”) are the property of Patriot and that there is
a need for maintaining confidentiality regarding such Delivered Materials. The Customer agrees
it will not assign, sub-license, provide, make available, transfer, discuss, or otherwise convey to
any person said Delivered Materials (not including any data items such as tax billing transfer
files which belong to Customer). No right to print, copy, or disk copy the Delivered Materials, in
whole or part, is granted except as hereinafter expressly provided. The Customer further agrees
to promptly notify all of its employees of the confidentiality required under the terms of this
agreement. The licenses granted hereunder prohibit access to any source code, prohibits use
by other licensed or unlicensed users, prohibits use by any parties other than the licensee
except Patriot Properties, and prohibits any “for profit” uses. Customer agrees to allow Patriot
full access to all relevant hardware, software and material to determine compliance.
Patriot acknowledges that Customer is subject to NH RSA 91-A (the “Right-to-Know law”) and
has no control over the disclosure of public documents, such as this Agreement, or the
utilization of public documents by others. If any Licensed Material covered by this Agreement is
requested under NH RSA Chapter 91-A (“the Right-to-Know law’), Customer will endeavor to
respond pursuant to the terms of this Agreement. If a claim is threatened or filed against the
Customer pursuant to NH RSA Chapter 91-A for access to Licensed Material covered by this
Agreement, Customer will immediately notify Patriot. Patriot shall assume the defense of any
action under NH RSA Chapter 91-A and shall indemnify Licensee against any loss arising out of
such an action including costs and attorneys’ fees.
7. Use of Basic Licensed Material and Optional Licensed Material. Each license of Basic
Licensed Material granted under this agreement authorizes the Customer to use the Basic
Licensed material in machine-readable form on a single, central processing unit designated by
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PATRIOT PROPERTIES, INC. TOLL FREE: 1 (800) 527 9991
