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<br /> CONTRACT NO. l I <br /> SOFTWARE LICENSE AND SF~:EII WARRANTY AGREEllENT," /J(J!,,& <br /> ITRON DATACAPTURE SYSTEMS "" ði¡, ,\ tI dO <br /> ~ j {(j if It <br /> THIS SOFTWARE LICENS~D WARRAN~~T (the{"Software <br /> License") is made as of the day of 19c.1.Q.., between <br /> Itron, Inc. of Spokane, Washington, U.S.A. ("Itron") and City of San <br /> Marcos, of San Marcos, Texas, ("Buyer"). <br /> , <br /> WHEREAS Buyer ha~entered into an Agreement dated <br /> fd[ I ' ?'ï Oc.~, 9-9.J) between Buyer and Network Computing <br /> Corporation (the "Purchase Agreement") providing for the sale to <br /> Buyer of the Itron Encore Electronic Meter Reading DataCapture <br /> System (the "System"); and <br /> WHEREAS it is a condition of the Purchase Agreement that <br /> Itron and Buyer enter into this Software License to protect and to <br /> extend the benefit of Itron's warranty as manufacturer or supplier <br /> of the System to Buyer; <br /> THIS AGREEMENT WITNESSES that in consideration of the <br /> mutual covenants herein contained the parties hereto covenant and <br /> agree each with the other as follows: <br /> 1. Scope <br /> 1. 01 The Software License shall apply to all Itron licensed <br /> programs and programming services that are provided by Itron to <br /> Buyer. Under this Software License, Itron shall: <br /> (a) furnish such licensed programs to Buyer, <br /> (b) furnish licensed optional materials in support of such <br /> licensed programs, <br /> (c) grant to Buyer a nontransferable and nonexclusive license <br /> to use the licensed program materials, and <br /> (d) provide programming services, all as described herein. <br /> 2. License Non-Assignable <br /> 2.01 This Software License is not assignable; none of the <br /> licenses granted hereunder nor any of the licensed program materials <br /> or copies thereof may be sublicensed, assigned or transferred by <br /> Buyer without the prior written consent of Itron. <br /> 3. Term <br /> 3.01 This Software License is effective from the date on <br /> which it is accepted by Itron and will remain in effect until <br /> terminated by Buyer or by Itron as herein provided. This Software <br /> 1 <br />