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EasyAsk End User License Agreement Dynix hereby grants the Library a sublicense to use the EasyAsk software (the "Program") under the following terms and conditions. The terms and conditions of this EULA shall also govern any update, supplement, version or additional product the Library obtains to the Program. The Library assumes responsibility for the selection of the Program to achieve intended results and for the installation, use, and results obtained from the program. License The Library may: a) Use the Program on a single computer. b) Copy the Program into any machine-readable or printed form for backup purposes, provided that the copyright notice is included. The Library may not use, copy, modify or transfer the Program or any copy in whole or in part except as expressly provided in this EULA. Use of the Program by multiple users is prohibited except for Solution Pack or Deployment Pack purchases which are licensed for a specific number of users. Distribution or deployment of the Program in any form, including but not limited to server, client, or run- time versions requires a Solution Pack, Deployment Pack, OEM, or other appropriate LTC license for each copy distributed or deployed. If, without such license(s), the Library distributes or deploys any copy, modification, or merged portion of the Program to another party, this license will automatically terminate. The Library may not copy the documentation (manual) for the Program. Unauthorized copying of the Program or printed documentation, in whole or in part, and the acquisition and use of unauthorized copies may be both criminal and civil offenses for which Dynix may take legal action. Dynix has the right to trace serial numbers on Programs or documentation at any time and in any reasonable manner. Term The license is effective until terminated. The Library may terminate this EULA by destroying the Program together with all copies, modifications, and merged portions in any form. The license will also terminate upon conditions set forth elsewhere in this EULA or if the Library fails to comply with any term or condition of this EULA. The Library agrees, upon termination, to destroy the Program together with all copies, modifications, and merged portions, in any form. Limited Warranty Dynix hereby passes through to the Library the following manufacturer's warranty: For a period of ninety (90) days from the date of delivery, under normal use and without unauthorized modification, the Program substantially conforms to the accompanying specifications and any manufacturer-authorized advertising material; that, under normal use, the magnetic media upon which the Program is recorded will not be defective, and that the user documentation is substantially complete and contains the information the manufacturer deems necessary to use the Program. If, during the ninety (90) day period, a demonstrable defect in the Program, magnetic media, or documentation should appear, the Library may return the software to Dynix for repair or replacement at Dynix's option. If Dynix cannot repair the defect or replace the software with functionally equivalent software within sixty (60) days of Dynix's receipt of the defective software, then the Library shall be entitled to a full refund of the license fees paid. All other warranties of any kind, expressed or implied, included but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded. City of San Leandro -Page S-11 CONFIDENTIAL AND PROPRIETARY