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171 CONTRACT TO THE CITY OF SAN MARCOS - QT- 2901/3 Attachment C JustWare Subscription Agreement As part of the JustWare hosted services (herein after referred to as JustWare System), New Dawn Technologies will provide Customer secure and encrypted access and storage via an Internet connection to the hosted service. Customer's registration for and use of the hosted service is deemed to be the Customer's agreement to abide by the Agreement and attached Appendix A — Statement of Work. i. License Grant & Restrictions New Dawn Technologies hereby grants Customer a non - exclusive, non- transferable, worldwide right to use the hosted service subject to the terms and conditions of the Contract. All rights not expressly granted to Customer are reserved by New Dawn Technologies. Customer may not access the hosted service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Customer will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the hosted service or the Content in any way; (ii) modify or make derivative works based upon the hosted service or the Content; (iii) create Internet "links" to the hosted service or "frame" or "mirror" any Content on any other server or wireless or Internet -based device; or (iv) reverse engineer or access the hosted service in order to (a) build a competitive product or hosted service, (b) build a product using similar ideas, features, functions or graphics of the hosted service, or (c) copy any ideas, features, functions or graphics of the hosted service. User access cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the hosted service. 2. New Dawn Responsibilities During the Term of this Agreement, New Dawn will render the following services in support of the hosted service, during Hours of Operation: a) Answer support calls utilizing a live Support Technician during hours of operation and whenever possible the resolution of the support issue occurs immediately. b) Provide response to support requests made by a JustWare Application Administrator via phone or email within four (4) hours during the Hours of Operation. c) Provide hardware and software for the hosting of Customer data. d) Provide Hardware and Software for testing and training until the 90 day post Go -Live trip has been completed. e) Provide JustWare System testing before upgrades. f) Provide hardware and software maintenance of the JustWare System. g) Provide copies of Customer data upon Customer's request. bl k4 New Dawn