Res 2017-127/Mobile license plate recognition software

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r 2.4 No Other Licenses. Except as specifically granted in Section 2.1, no license or other right is granted, either directly or indirectly, by implication, estoppels, or otherwise, to Customer. All other rights are expressly reserved to NuPark or its third party vendors, as applicable. 2.5 Third Party Products. 2.5.1 Third Party Software. This Agreement may require that Customer use certain Third Party Software. Customer agrees to be bound to all licenses, obligations, restrictions, and limitations required or mandated by any Third Party Software vendors. NuPark will use commercially reasonable efforts to pass through to Customer for Customer's benefit all end-user software warranties that the Third Party Software vendor provides directly to NuPark. 2.5.2 Third Party Hardware. Customer acknowledges and agrees that Third Party Hardware purchased and/or sublicensed by Customer under this Agreement has been purchased by NuPark from various manufacturers for resale and/or sublicense, as applicable, to Customer. Excluding warranty of title to any Third Party Hardware, all other Third Party Hardware warranties, including, without limitation, warranties with respect to materials, workmanship, capability, and intellectual property rights are made by such manufacturers and not by NuPark. NuPark will use commercially reasonable efforts to pass through to Customer for Customer's benefit all end-user hardware warranties that the Third Party Hardware vendor provides directly to NuPark. Customer will look solely to such vendors or manufacturers for all remedies under such warranties. 2.6 Maintenance Services. 2.6.1 Maintenance Services Defined. NuPark agrees to provide Customer with certain maintenance services for the NuPark System during the Term or any Renewal Tenn, provided Customer has paid the applicable License Fees to NuPark in accordance with this Agreement. "Maintenance Services" means that NuPark will offer support to the Customer's designated technical support contact concerning the installation and use of (a) the then -current release and the then -immediately prior release of the Licensed Software and (b) the Licensed Hardware. Support is provided by telephone and electronic mail during NuPark's then -current support hours and consists of the following: (a) answering questions pertaining to NuPark System functionality; (b) commercially reasonable efforts to research and correct Errors; and (c) responding to questions and issues related to Licensed Software updates and enhancements. To the extent that NuPark releases an updated or enhanced version of the Licensed Software during the Term or any Renewal Tenn, NuPark will also provide such updated or enhanced version to Customer as part of the Maintenance Services, provided that NuPark will be under no obligation to issue any updates or enhancements. Upon receipt, any updates or enhancements will be deemed Licensed Software. Customer acknowledges that Customer's license to such updates or enhancements extends only to updated and enhanced versions of features and functionality existing in the Licensed Software licensed by Customer, notwithstanding that new products with new features and functionality may be bundled with such updates or enhancements. Customer is responsible for the registration, support, maintenance, update, and upgrade of any Third Party Products. 2.6.2 Customer Cooperation. Customer acknowledges that NuPark's performance of the Maintenance Services may be dependent on Customer providing certain information, assistance, or access to Customer's operating systems. Accordingly, Customer agrees that any failure by NuPark to provide the Maintenance Services which is caused by Customer's failure to provide such information, assistance, or access to Customer's operating systems as reasonably requested by NuPark will not constitute a breach of NuPark's obligation to perform the Maintenance Services. 2.6.3 Customer Service Support Levels. NuPark agrees to comply with the Customer Service Support Levels set forth below.