GSA Software License Agreement, and Software Maintenance Agreement for SBPD

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4. JUSTICETRAX shall provide Telephone Support during the term of this Agreement. All claims of Major and Minor Defects must be registered as trouble calls to the Support telephone number referenced herein. Unresolved troubles will be escalated to JUSTICETRAX' development engineers for resolution. 5. In order to perform diagnostic testing and fault isolation with minimal system interruption, JUSTICETRAX reserves the right to set minimum configuration requirements for the Licensed Machine(s) and Licensed Software and any necessary third party software. 6. For certain software problems JUSTICETRAX may require that Customer furnish to JUSTICETRAX a test case, client device configuration and sufficient documentation to allow recreation of the problem, including duplication of the problem on another client device. 7. Subject to Customer's reasonable security and safety rules, JUSTICETRAX shall have reasonable access to, and use of, the Licensed Software and Licensed Machine(s) to provide the maintenance service required by this Agreement. 8. Customer shall provide JUSTICETRAX with the name, address and telephone number of a designated system administrator and alternate for each Customer site covered by this Agreement. Customer shall also provide JUSTICETRAX with all information, documentation, technical assistance and access to the Licensed Machine(s) as JUSTICETRAX may require to perform pursuant to this Agreement. The system administrator and alternate shall have a working knowledge of the Licensed Machine(s), Licensed Software, and the Customer's operating environment. Only the system administrator and alternate are authorized to contact JUSTICETRAX for maintenance service. Customer shall immediately notify JUSTICETRAX of any changes with respect to the name, address or telephone number of the system administrator and alternate. 9. JUSTICETRAX obligations are contingent upon inspection of products and Customer's compliance with this Agreement and the Software License Agreement. JUSTICETRAX reserves the right to reject for maintenance service any product which has not been on continuous maintenance service, or has been repaired by Customer or a third party without the prior written consent of JUSTICETRAX. If JUSTICETRAX rejects a product for maintenance service, Customer shall be responsible for restoring that product to a condition acceptable to JUSTICETRAX prior to commencement of maintenance service under this Agreement. C. JUSTICETRAX' Proprietary Rights 1. As also set forth in the Software License Agreement, Licensee acknowledges that the Licensed Software and Licensed Documentation have been, and will continue to be, developed by JUSTICETRAX at great expense to it, and that such are proprietary to and the confidential property of JUSTICETRAX. Licensee agrees that it has no ownership rights to the Licensed Software and Licensed Documentation, and that the only rights it has regarding such products are the limited rights of use granted under the Software License Agreement. 2. JUSTICETRAX shall own the entire right, title and interest in and to all corrections, programs, information and work product conceived, created or developed, alone or with Customer or others, as a result of or related to the performance of this Agreement, including all proprietary rights therein or based thereon (collectively referred to herein as "Fixes"). Such Fixes shall become Licensed Software under the Software License Agreement and Customer shall have a nonexclusive license to use the Fixes pursuant to the terms of the Software License Agreement. Customer shall treat all Fixes supplied hereunder in the same confidential manner as required for all Licensed Software pursuant to the Licensed Software Agreement. D. Excluded Services MAINTENANCE SERVICE DOES NOT INCLUDE (A) SERVICES CONNECTED WITH RELOCATION OR SYSTEM RECONFIGURATION (B) SERVICE RESULTING FROM (1) NEGLECT, MISUSE OR ACCIDENTAL DAMAGE OF THE PRODUCTS; (II) MODIFICATIONS OR REPAIRS PERFORMED BY OTHER THAN A PARTY AUTHORIZED BY JUSTICETRAX; (III) CORRECTION OF DEFECTS ARISING FROM THE FAILURE OF CUSTOMER TO PROVIDE AND MAINTAIN A SUITABLE INSTALLATION ENVIRONMENT INCLUDING BUT NOT LIMITED TO PROPER ELECTRICAL POWER, AIR CONDITIONING OR HUMIDITY CONTROL; (IV) THE SUPPORT OF LICENSED SOFTWARE USED FOR OTHER THAN THE PURPOSES FOR WHICH IT WAS DESIGNED; (C) THE SUPPORT OF SOFTWARE DEVELOPED BY CUSTOMER OR OBTAINED FROM THIRD PARTIES; OR (D) THE SUPPORT OF PRODUCTS NOT PROVIDED BY JUSTICETRAX. IF THE LICENSED SOFTWARE IS USED BY CUSTOMER TO DEVELOP OTHER SOFTWARE, ONLY THE LICENSED SOFTWARE WILL BE MAINTAINED BY JUSTICETRAX. E. Term and Termination 1. This Agreement shall commence on the effective date and have a term of one (1) year, unless terminated under the FAR. Customer may extend the current maintenance term by the exercise of options governed by the terms of the GSA schedule contract. Termination of this agreement is governed by the FAR and the terms of the schedule contract. F. Relocation of Product Customer shall, prior to relocation of any product or change of Licensed Machine(s), provide JUSTICETRAX with advance written notice of such proposed relocation or change. If JUSTICETRAX approves Customer's proposed relocation or change, JUSTICETRAX will perform the services provided for in this Agreement for such relocation or change. JUSTICETRAX shall perform the deinstallation and reinstallation at its then current charges or may consent in writing to the deinstallation and reinstallation by Customer or a third party.