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malfunction, the license herein granted shall be temporarily extended to authorize the <br />State to use the Software Products, in machine-readable form, on any other State CPU <br />until the designated CPU is returned to operation. <br />c) By prior written notice, the State may redesignate the CPU in which the Software <br />Products are to be used provided that the redesignated CPU is substantially similar in <br />size and scale at no additional cost. The redesignation shall not be limited to the original <br />site and will be effective upon the date specified in the notice of redesignation. <br />d) Acceptance of Commercial Software (including third party Software) and Custom <br />Software will be governed by the terms and conditions of this Contract. <br />39.PROTECTION OF PROPRIETARY SOFTWARE AND OTHER PROPRIETARY DATA: <br />a) The State agrees that all material appropriately marked or identified in writing as <br />proprietary, and furnished hereunder are provided for the State’s exclusive use for the <br />purposes of this Contract only. All such proprietary data shall remain the property of the <br />Contractor. The State agrees to take all reasonable steps to insure that such proprietary <br />data are not disclosed to others, without prior written consent of the Contractor, subject to <br />the California Public Records Act. <br />b) The State will insure, prior to disposing of any media, that any licensed materials <br />contained thereon have been erased or otherwise destroyed. <br />c) The State agrees that it will take appropriate action by instruction, agreement or otherwise <br />with its employees or other persons permitted access to licensed software and other <br />proprietary data to satisfy its obligations in this Contract with respect to use, copying, <br />modification, protection and security of proprietary software and other proprietary data. <br />40.RIGHT TO COPY OR MODIFY: <br />DGS PD 401IT (REVISED AND EFFECTIVE 9/5/14) <br />GENERAL PROVISIONS – INFORMATION TECHNOLOGY <br />Page 19 of 28 <br />a) Any Software Product provided by the Contractor in machine-readable form may be <br />copied, in whole or in part, in printed or machine-readable form for use by the State with <br />the designated CPU, to perform one-time benchmark tests, for archival or emergency <br />DocuSign Envelope ID: 8A67B327-8D8D-41F3-A9AA-0E6612310575