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<br />ATTACHMENT G, PAGE 2 <br /> <br />Client subject to all of the terms and conditions specified in <br />Exhibit D. <br /> <br />B) "Designated Equipment" - shall mean the equipment enumerated <br />in Exhibit B. <br /> <br />C) "Use" - shall mean copying of any portion of any Licensed <br />Software from storage unit(s) or media or otherwise into <br />equipment for processing, or using any Licensed Software in the <br />course of operation of any designated equipment or using <br />documentation in the support of any use of any Licensed <br />Software. <br /> <br />D) "Documentation" - shall mean users manuals, systems manuals, <br />operating manuals and summary literature.. All such <br />documentation as provided by HMS.is subject to copyright and <br />shall be treated by Client as confidentipl proprietary <br />material. <br /> <br />E) "DGC" - shall mean Data General Corporation. <br /> <br />F) "UPGRADES" - shall mean improvements to the Licensed <br />Software which relates to operating performance but does not <br />change the basis function of the Licensed Software. <br /> <br />ARTICLE 4: LICENSE: The license granted under this Agreement <br />authorizes Client to use any Licensed Software described in <br />Exhibit A and any subsequent version thereof created by Client <br />or HMS, in any machine readable form, only on the particular <br />Designated Equipment set forth in Exhibit B. A separate <br />license is required for use of each Licensed Software element <br />on equipment other than the Designated Equipment. <br /> <br />ARTICLE 5: INFRINGEMENT WARRANTY: HMS warrants that the <br />Licensed Software is the exclusive property of HMS and that <br />neither the Licensed Software nor any element nor the use <br />thereof does, as of the date hereof, violate or infringe upon <br />any patent, copyright, trade secret, or other property rights <br />of any person and HMS will indemnify,defend and hold Client <br />harmless from and against any loss, cost and liability arising <br />out of any breach or claimed breach of this warranty. <br /> <br />ARTICLE 6: TERM OF LICENSE AND RENEWAL: Client's right to use <br />the Licensed Software provided shall continue for the term of <br />five (5) years from the date of equipment installation, and for <br />year to year thereafter upon the same terms and conditions as <br />are provided herein with respect to licensure and protection of <br />the proprietary characteristics of the licensed software until <br />terminated by one party giving the other party notice of <br />termination not less than sixty (60) days prior to any <br />anniversary date hereof. Failure to give notice of termination <br />prior to the expiration of the term hereof or any extension <br />shall be deemed renewal for such one (1) year period. Client <br />shall pay a charge of One Dollar ($1.00) for each additional <br /> <br />-2- <br />