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<br /> : 1/ bit <br /> -2- <br /> 3.02 The licensed use is for a single server only. The city <br /> agrees to obtain a Multi-use license from DBI before using <br /> the Software on more than one server. <br /> 3.03 The city may copy the Software in-house, for archival <br /> purposes only, for backup in support of the City's use of <br /> the Software. The City may not use, copy, modify, merge or <br /> transfer the Software, or any copy, portion or modification <br /> thereof, in whole or in part, except as expressly provided <br /> in this Agreement. <br /> 3.04 DBI reserves the right to change, modify, update or <br /> supplement the Software at any time. These revisions will <br /> not, however, affect DBI's warranty obligations, and they <br /> may not be installed on the System without the city's <br /> consent. <br /> This license is ongoing in nature and remains in effect until <br /> terminated. The city may terminate this license at any time by <br /> notifying DBI in writing and destroying all of the Software, <br /> including copies, modifications and any portions thereof in the <br /> City's possession. DBI may terminate this license ~n the event of <br /> the City's failure to comply with any of the terms of this <br /> Agreement after giving advance written notice to the City. <br /> Part 4. Software Warrantv and Maintenance. <br /> <br /> 4.01 DBI warrants that the Software meets each and every <br /> representation, description, and requirement indicated in <br /> the city's RFP and in DBI's Proposal. <br /> 4.02 DBI warrants that the Software is designed to facilitate a <br /> multi-user environment utili~ing IBM's AIX operating system <br /> and supported on an IBM RSj6000 minicomputer. <br /> 4.03 DBI's maintenance of the Software shall consist of the <br /> following services: <br /> (1) Technical support, either by telephone, remote <br /> diagnostics modem, or on-site at the City's location <br /> of the Software, between 8:30 a.m. and 5:00 p.m. <br /> Monday through Friday, excluding holidays. <br /> (2) City registration and attendance for two of its <br /> representatives at all periodic meetings of DBI's user <br /> group. <br /> (3) The furnishing of all updates, improvements and <br /> modifications to the Software made available by DBI to <br /> its users. <br />