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4. License; Reservation of Rights. <br />4.1. License. Subject to the terms and conditions of this Agreement, Redflex hereby <br />grants the Customer, and the Customer hereby accepts from Redflex upon the <br />terms and conditions herein specified, anon-exclusive, non-transferable license <br />during the Term of this Agreement to: (a) solely within the City of San Leandro, <br />access and use the Redflex System for the sole purpose of reviewing Potential <br />Violations and authorizing the issuance of Citations pursuant to the terms of this <br />Agreement, and to print copies of any content posted on the Redflex System in <br />connection therewith, (b) disclose to the public (including outside of the City of <br />San Leandro) that Redflex is providing services to the Customer in connection <br />with Photo Red Light Enforcement Program pursuant to the terms of this <br />Agreement, and (c) use and display the Redflex Marks on or in marketing, public <br />awareness or education, or other publications or materials relating to the Photo <br />Red Light Enforcement Program, so long as any and all such publications or <br />materials are approved in advance by Redflex. <br />4.2. RESERVATION OF RIGHTS. The Customer hereby acknowledges and agrees <br />that: (a) Redflex is the sole and exclusive owner of the Redflex System, the <br />Redflex Marks, all Intellectual Property arising from or relating to the Redflex <br />System, and any and all related Equipment, (b) the Customer neither has nor <br />makes any claim to any right, title or interest in any of the foregoing, except as <br />specifically granted or authorized under this Agreement, and (c) by reason of the <br />exercise of any such rights or interests of Customer pursuant to this Agreement, <br />the Customer shall gain no additional right, title or interest therein. <br />4.3. RESTRICTED USE. The Customer hereby covenants and agrees that it shall not <br />a) make any modifications to the Redflex System, including but not limited to <br />any Equipment, (b) alter, remove or tamper with any Redflex Marks, (c) use any <br />of the Redflex Marks in any way which might prejudice their distinctiveness, <br />validity or the goodwill of Redflex therein, (d) use any trademarks or other marks <br />other than the Redflex Marks in connection with the Customer's use of the <br />Redflex System pursuant to the terms of this Agreement without first obtaining <br />the prior consent of Redflex, or (e) disassemble, de-compile or otherwise perform <br />any type of reverse engineering to the Redflex System, the Redflex System, <br />including but not limited to any Equipment, or to any, Intellectual Property or <br />Proprietary Property of Redflex, or cause any other Person to do any of the <br />foregoing. <br />4.4. PROTECTION OF RIGHTS. Redflex shall have the right to take whatever <br />action it deems necessary or desirable to remedy or prevent the infringement of <br />any Intellectual Property of Redflex, including without limitation the filing of <br />applications to register as trademarks in any jurisdiction any of the Redflex <br />Marks, the filing of patent application for any of the Intellectual Property of <br />Redflex, and making any other applications or filings with appropriate <br />Governmental Authorities. The Customer shall not take any action to remedy or <br />prevent such infringing activities, and shall not in its own name make any <br />registrations or filings with respect to any of the Redflex Marks or the <br />Intellectual Property of Redflex without the prior written consent of Redflex. <br />8