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2021-034 Resolution
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2021-034 Resolution
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6/18/2021 4:24:22 PM
Creation date
6/18/2021 4:23:34 PM
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North Olmsted Legislation
Legislation Number
2021-034
Legislation Date
6/15/2021
Year
2021
Legislation Title
MUNIS SaaS Contract
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Exhibit D <br />ATTENTION: THE SOFTWARE PROVIDED UNDER THIS AGREEMENT IS BEING LICENSED TO YOU BY <br />ECLIPSE CORPORATION WSL, INC. (Eclipse Corporation) AND IS NOT BEING SOLD. THIS SOFTWARE IS <br />PROVIDED UNDER THE FOLLOWING AGREEMENT THAT SPECIFIES WHAT YOU MAY DO WITH THE <br />SOFTWARE AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS. WARRANTIES, <br />CONDITIONS. REMEDIES, AND LIABILITIES. <br />DocOnain <br />SOFTWARE LICENSE <br />IMPORTANT -READ CAREFULLY: This End -User License Agreement ("Agreement" or 'EULA' is a legal <br />agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as <br />"You") and Eclipse Corporation W SL, Inc. referred to in this ELLA as Eclipse Corporation, for the DocOngin software <br />product that accompanies this EULA, including any associated media, printed materials and electronic documentation <br />(the "Software"i. The Software also encompasses any software updates, add-on components, web services andsor <br />supplements that may be provided to you or made available to you after the date you obtain the initial copy of the <br />Software to the e.rtent that such items are not accompanied by a separate license agreement or terms of use_ If you <br />receive the Software under separate terms ."myour distributor, those terms will take precedence over any <br />conflicting terms of this EJLA <br />By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms <br />of this EULA. If you do not agree to the tears of this EULA, do not install, access or use the Software; instead, you <br />should remove the Software from all systems and receive a full refund. <br />IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT AND WARRANT THAT (1) <br />THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON <br />SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND f'11) SUCH ENTITY HAS FULL POWER, <br />CORPORATE OR OTHERWISE E <br />TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS <br />HEREUNDER. <br />1. LICENSE TERMS <br />1.1 In this Agreement a 'License Key' means any license key, activation code, or similar installation, access or <br />usage control codes, including serial numbers digitally created and or provided by Eclipse <br />Corporabon ,designed to provide unlocked access to the Software and its functionality. <br />12 Evaluation License. Subject to all of the terms and conditions of this Agreement, Eclipse Corporation <br />grants You a limited. royatty-free, non-exclusive, non -transferable license to download and install a copy of <br />the Software from www.docorigin com on a single machine and use it on a royalty -free basis for no more <br />than 120 days from the date of installation (the 'Evaluation Period-). You may use the Software during the <br />Evaluation Period solely for the purpose of testing and evaluating it to determine if You wish to obtain a <br />commercial, production license for the SoAware. This evaluation license grant will automatically end on <br />expiry of 'he Evaluation Period and you acknowledge and agree that Eclipse Corporation will be under no <br />obligation to renew or extend the Evaluation Period. If you wish to continue using the Software You may, on <br />payment of the applicable fees, upgrade to a full license (as further described in section 1.3 below) on the <br />terms of this Agreement and will be issued with a License Key for the same. If you do not wish to continue <br />to license the Software after expiry of the Evaluation Period, then You agree to comply with the termination <br />obligations set out in section [7.3] of this Agreement. For greater certainty. any document generated by you <br />under an evaluation license will have a 'spoiler' or watermark on the output document_ Documents <br />generated by DocOrigin software that has a valid license key file also installed will not have the 'spoiler' <br />produced. You are not permitted to remove the watermark or 'spoger from documents generated using the <br />software under an evaluation license. <br />1.3 Development and Testing Licenses_ Development and testing licenses are available for purchase through <br />authorized distributors and resellers of Eclipse Corporation only. Subject to all of the terms and conditions <br />of this Agreement, Eclipse Corporation grants You. a perpetual (subject to termination by Eclipse <br />Corporation due to your breach of the terms of this Agreement), non-exclusive, non -transferable, worldwide <br />••V . tyler <br />
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