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Software License Agreement - TokaySQL Software Upgrade and Three (3) Year’s Support – Aquatic Informatics
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Software License Agreement - TokaySQL Software Upgrade and Three (3) Year’s Support – Aquatic Informatics
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4/7/2025 9:05:37 AM
Creation date
12/23/2019 1:15:59 PM
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Board of Public Works
Document Type
Contracts
Document Date
12/19/2019
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AQUATIC INFORMATICS -SOFTWARE LICENSE AGREEMENT <br />Effective Date of this Agreement: <br />SCOPE <br />City of South Bend Aquatic Informatics ("Al") <br />830 N. Michigan St. - and - 2400 —1111 West Georgia Street <br />South Bend, IN46601 Vancouver, BC Canada, V6E 41V13 <br />A. This Software License Agreement (the "Agreement") is between Aquatic Informatics and its affiliates ("Al", "we," <br />"us," or "our") and you the customer of Al seeking to license certain software in executable code form and obtain related <br />services from AI ("you" or "Customer"). <br />Immediately below is the name of the Al company that is contracting with you based on the country or Al's sales region <br />where you are located and the Al product and service obtained unless otherwise agreed in writing. <br />AQUARIUS and WaterTrax license or service in Canada and Rest of World ("ROW"): Your agreement is with <br />Aquatics Informatics Inc. a company incorporated under the laws of the Province of British Columbia, Canada. <br />AQUARIUS license or service in the United States: Your agreement is with Aquatics Informatics USA Inc., a <br />company incorporated under the laws of the State of Washington, USA. <br />AQUARIUS license or service in Australia or New Zealand: Your agreement is with Aquatics Informatics <br />Australia Pty Ltd., a company incorporated under the laws of the State of Tasmania, Australia. <br />WaterTrax license or service in the United States: Your agreement is with WaterTrax USA Inc., a company <br />incorporated under the laws of the State of Washington, USA. <br />Linko or Tokay Software license or service: Your agreement is with Linko Technology Inc. a company <br />incorporated under the laws of the State of Washington, USA. <br />B. Al is licensing certain software in executable code form including related professional services more particularly <br />described in Schedule A ("the Software") upon the terms and conditions set out in this Agreement. By using the Software, <br />you agree to abide by the terms of this Software License Agreement ("Agreement"). <br />This Agreement includes the following Schedules: <br />• Schedule A - Description of Software <br />• Schedule B - License Term and payment terms <br />• Schedule C - Support and Maintenance <br />1. Software. <br />1.1 Al grants to Customer, a license which permits Customer to use the Software in executable code format only and in <br />the manner as described in this Agreement. The Software is licensed, not sold. Al, and not Customer, owns the Software, <br />which is protected by United States, Canadian and international copyright laws. Customer may use the Software only in <br />the manner set out in this Agreement. This Agreement gives Customer no intellectual property rights in the Software. <br />1.2 Al will support your use of the Software and will maintain the Software in the manner set out in Schedule C and this <br />Agreement ("Support and Maintenance"). Such support and maintenance is provided on condition that you are current in <br />all payments due to Al. <br />Aquatic Informatics Software License Agreement <br />
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