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Agmt05 MBIA Muniservices- Revenue Enhancement
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Agmt05 MBIA Muniservices- Revenue Enhancement
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Last modified
4/17/2008 3:26:05 PM
Creation date
3/21/2005 9:30:42 AM
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Template:
Agreement
Contractor Name
MBIA Muniservices
PROJECT NAME
revenue enhancement services
RMP File Number
304.5
Date
3/2/2005
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<br />End-user notice and license agreement from MBIA MuniServjces Company <br />Notice to end-user: Carefully read the following legal agreement ("license"). Installation or use of <br />the enclosed STARS Query System software and associated Data (together "Software") on a <br />computer system constitutes your acceptance of these terms. If you do not agree to the terms of <br />this license, discontinue this installation and promptly delete the Software from the computer <br />system, destroy any copies you made of the Software or any installation diskettes of the <br />Soft...vare, and dispose of all written materials in your possession regarding the Software. This <br />License is effective until terminated. You may terminate it at any time by destroying the <br />Software and all copies of it. It will also terminate if you fail to comply with any term or condition <br />of this License, You agree upon termination to destroy the Software together with all copies of <br />the Software. <br /> <br />License Grant: MBIA MuniServices Company grants to You a license to install and use one <br />copy of the Software on a single computer. Your license to use the Software is conditioned upon <br />Your compliance with the terms of this Agreement. A License is required for each installation of <br />the Software, You may make one (1) copy of the Software for archival purposes only. <br /> <br />Copyright: The Software is protected by copyright laws and international treaty provisions, You <br />acknowledge that no title to the intellectual property in the Software is transferred to You. You <br />further acknowledge that title and full ownership rights to the Software will remain the exclusive <br />property of MBIA MuniServices Company, and You do not acquire any rights to the Software <br />except as expressly set forth in this license, The Software in source code form remains a <br />confidential trade secret of MBIA MuniServices Company and decompiling, disassembling, or <br />otherwise reverse engineering the Software in any way is prohibited as a violation of those <br />copyrights, <br /> <br />Prohibited Uses: You may not (a) use, copy, modify, alter, or transfer the Software or <br />documentation except as expressly provided in this License; (b) translate, disassemble, <br />decompile, reverse program or otherwise reverse engineer the Software; (c) sublicense or lease <br />the Software or its documentation; or (d) use a single installation of the Software in a multi-user <br />or multiple computer environment or in a rental, time sharing or computer service business, <br />Without prejudice to any other rights, MBIA MuniServices Company may terminate this License <br />if You fail to comply with its terms and conditions. In such event, You must destroy all copies of <br />the Software. <br /> <br />Limited Warranty: MBIA MuniServices Company warrants that the Software will perform <br />substantially in accordance with the accompanying written materials for a period of thirty (30) <br />days from the date of purchase. <br /> <br />End-User Remedies: If the Software does not conform to the "Limited Warranty" section above, <br />MBIA MuniServices Company's entire liability and Your sole and exclusive remedy shall be, at <br />MBIA MuniServices Company's option, either to (a) correct the error, or (b) help you work <br />around the error. The Limited Warranty is void if failure of the Software has resulted from <br />accident, abuse, or misapplication, Any replacement software will be warranted for the <br />remainder of the original Limited Warranty period. <br /> <br />No other warranties: MBIA MuniServices Company does not warrant that the software is error <br />free, except for the express limited warranty in the "limited warranty" section. MBIA <br />MuniServices Company disclaims all other warranties with respect to the software, either <br />express or implied, including but not limited to implied warranties of merchantability, fitness for a <br />particular purpose and non-infringement of third party rights. Some jurisdictions do not allow the <br />
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