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2004-086 Resolution
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2004-086 Resolution
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Last modified
1/9/2014 3:58:48 PM
Creation date
12/30/2013 9:32:16 AM
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North Olmsted Legislation
Legislation Number
2004-086
Legislation Date
5/18/2004
Year
2004
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8. Customer's Responsibilities. Throughout the term of the Maintenance Plan, Customer <br />shaii: <br />(a) Follow ail of SBC's or the Product manufacturer's installation, operation and maintenance <br />instructions. <br />(b) Provide the proper Product environment, electrical connections and telecommunications <br />connections as specified by SBC and/or the Product manufaeturer(s). <br />(c) Provide access to the Product sufficient to enable SBC to perform its maintenance <br />ob(igations hereunder. <br />(d) Provide adequate work space for SBC's personnel. <br />(e) Comply with all applicable laws, codes, ordinances and regulations. <br />(fl Have SBC perForrn all moves, adds or changes. <br />(g) Supply a remote access port where requested by SBC to include necessary hardware and <br />public switched nefinrork access at no cost to SBC. <br />(h) Appoint an individual who shall be fully responsible for coordinating the activities of <br />Customer. <br />(i) Maintain a fulfy supportable level of software and hardware. <br />9. Title and Risk of Loss. Title to the Product shall remain with SBC until Customer has made <br />full payment. Once the Product is deiivered, Customer bears the risk of loss to the Product. <br />Customer shall carry adequate insurance against loss, adding SBC as loss payee. <br />10. Security Interest. Customer hereby grants to SBC and SBC reserves a purchase money <br />security interest in the Product until the total purchase price is paid in full. SBC is authorized <br />to sign and file such UCC-1 financing statements or other documenfis in such public offices as <br />SBC deems appropriate to perFect its security interest. As long as SBC holds a security <br />interest, Customer shall: (a) maintain the Product in good operating condition in accordance <br />with manufacturer's specifications; and (b) keep the Product free from liens and <br />encumbrances. <br />11. Software. (a) Software owned by SBC and/or its supplier(s) for use with the Product shall <br />remain the property of SBC and/or its supplier(s). SBC hereby grants Customer a <br />nontransferable and nonexclusive license to use, in the United States, the Software for the <br />useful life of the Product for which it is furnished subject ta the following conditions: <br />(i) It shall be used by Customer only to install, operate or maintain the particular Products <br />for which the Software was initially furnished; <br />(ii) It shall be used only for Customer's internal business purposes; <br />(iii) It shall not be reproduced or copied, in whole or in part, except as necessary for use as <br />authorized herein, nor sha(I it be disassembled, reverse engineered or de-compiled. <br />However, Customer may make a back-up copy of the Software for archival purposes; <br />(iv) It shall, together with all copies thereof, be returned promptly to SBC or destroyed or, if <br />in the form of software recorded on an erasable storage medium, be erased when no <br />longer needed or permitted for use with the Product for which it was initially furnished; and <br />EpamainUrev8/9-7-01 /sm 5 <br />. r,.., . , <br />,. ,. <br />? .:, . _
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