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GG-One Software, Inc. A2017-072GG -One Software, Inc. License Agreement eCertrack — Windows Version This is a legal agreement between You ("Customer") and CC -One Software, Inc. governing the use of the eCertrack software program and any updates subsequently supplied by GC -One Software, Inc. Installing the softwareon your computer indicates your acceptance of this license. 1, License to Use, OG -One Software, Inc (GO.One Software) hereby represents and warrants to Licensee (Customer) that GG -One Software is the owner of the Software or otherwise has the right to grant to licensee the rights set forth in this Agreement in the event any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require GG -One Software to either, 1) procure, at GG -One Software's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or ill) refLnd to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to GG -One Software. G(3 -One Software hereby grants to Licensee, a non-exclusive and non -transferable license ("License") for the use of GG -One Software's eCertrack® software for a Windows® station in machine-readable form, together with the accompanying documentation ("Product"), for the Product Edition sad Options for which the corresponding fee has been paid, 2. Restrictions, The Product is copyrighted and title to all copies is retained by GO -One Software, Inc„ a Delaware corporation, Customer shall not make copies of the Product except under the strict guidelines for a networked installation, other than a single copy for backup of archival purposes, in which event all proprietary right's notices on the Product shall be reproduced and applied. Customer shall not modify, adapt, translate, create derivative works, disassemble, decompile or otherwise reverse engineer the Product nor unbundle any software program contained in the Product The Product may not be sold, leased, assigned, aublicensed or otherwise transferred, in whole or in part except as part of the sale of the primary business entity or with the writtenapproval of GG -One Software, Please contact G(1 -One Software in the event of transfer due to the sale of the business entity to ensure licensing information is updated, No right, title or interest in and to any trademarks or trade names of GO -One Software is granted hereunder. 3. . Termination, This License is effective until terminated You may terminate this license at any time by destroying all copies piths! Product. This License will terminate immediately without notice from GG -One Software if you fail to comply with any provision oftiris License, You agree that, upon such termination, you will destroy (or permanently erase) all copies of the program and documentation, 4, Limited Warranty. GO -One Software Warrants that the media on which the Product is furnished shall be free of defeats in material and workmanship under normal use for a period of ninety (90) days from thedate of purchase, as evidenced by a Dopy of the receipt. EXCEPT NOR THIS LIMITED WARRANTY, THE PROGRAM AND l'HER DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE 5, Limitation of Liability. GG -One Software's entire liability and your exclusive remedy in connection with the program and documentation shall be that you are entitled to return the defective media containing the program together with the doownentation to the merchant. At the option of the merchant, you may receive replacement media containing the program and documentation that conforms to the limited warranty or a refund of the amount paid by you. IN NO EVENT WILL GG -ONE SOFTWARE HE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USB OF OR INABILITY TO USE THE PRODUCT, EVEN IE GG -ONE SOFTWARE OR AN AUTHORIZED GG -ONE SOFTWARE DEALER, DISTRIBUTOR OR SUPPLIER HAS BEEN ADVISED OF TH6 POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental damages, so the above eatciuslon or limitation may not apply to you, 6, Export Regulations. Customer agrees and certifies that it will not export or re-export whether directly or indirectly, the Product, or any direct products thereof, outside the United States without Gest obtaining the appropriate government approvals, 7. U,S, Coveroment Restrlcied Rights. Use, duplication, reproduction or disclosure by the Government is subject to "Restricted Rights" as set forth in subparagraph (o)(t)(li) of the Rights in Tecb nioa1 Data and Computer Software clause at DEARS 252.227.70l3 or subparagraphs (c)(1) and (2) of the Commereial Computer Software - Restricted Rights clause at FAR 52,22719, as applicable, Connector/Manufacturer is GG -One Software, Ire„ 108 Wolcott St, Thornton, IL 60476, Terms and Conditions eCertrack Subscription License How it works A subscription entitles you to use eCertrack's latest version during your subscription term, • Subscriptions may be purchased via credit card or P.O. • Subscription renewal invoices are automatically emailed out annually until you cancel. • Contact your sales representative to cancel your subscription renewal at any time. No refund is available after the initial 30 days, • If cancelled after the initial 30 days, you may use eCertrack until the end of your subscription tern, Once the term has ended, the software will no longer accept your login. • Data from eCertrack is still available with -In your SQL Server. GG -One Software does not have the ability to extract data from your SQL database. Product Use You will access to the latest versions released during your subscription term. Your product key is the same for all versions. • Each license is for installation on a single computer. • You may install eCertrack on one machine only. See below "Moving Your License" to move the software to another machine. • You must be connected to the Internet in order to activate/de-activate your subscription license. Subscription activations do not work offline. Subscription Term • Your subscription period begins when you receive your welcome email (after purchase) and includes the latest version of eCertrack. • Lapsed (expired over 30 days) subscriptions may be renewed anytime but will be billed at the rate current at the time, o Once an expired subscription is renewed, your software license can be re -activated from the Setup wizard. Moving your license to another machine You can move your license from one machine to another by running the Setup Wizard (located in the eCertrack installation folder) on the first machine and running the "De -activate License" option than Installing it on the second machine. You must be connected to the Internet so our software can communicate with our license server, Restoring your installation and license Your eCertrack software license is tied to your machine name and the signature of your machine. Follow these steps if your hard disk crashes or your installation becomes damaged: Step 1: Use the Setup Wizard to de -activate your license If it is still installed. Step 2: Completely delete the installation folder. Step 3: Download and reinstall eCertrack from our Downloads page on our Member Login site, Step 4: Reactivate using the Setup Wizard with your product key. You can retrieve product keys anytime from your account on the Member Login site, Contact GG -One Software if you are unable to de -activate the license on your previous machine. Features and programming changes requests GG -One Software, Inc. does not provide custom programming if there is something you would like to see incorporated into the software in the future, submit your suggestions to support@ggonesoftware.com for review. Our Product Development team reviews these submissions regularly for any potential new features to include in periodic updates and any future versions. The number of client requests for a specific feature is taken Into consideration for any potential addition to the software, so every request is important. We appreciate any suggestions our clients can provide for ways to improve and expand our software. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year written below. CITY OF CHINO HILLS rl Ko rat Bartlam City Manager 5-1 (Date) GG -ONE SOFTWARE, INC. m ature �a 0 iCCCR (Typed/Printed Name) VP PikoDocts A M a 5 612vr ea' (Title) (Date) Signature (Typed/Printed Name) (Title) (Date)