Software License and Maintenance Agreement – Linko Technology Inc.

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DocuSign Envelope ID: F08EA632-EAA7-4C8E-866B-F5A170D1C748 AQUATIC INFORMATICS - SOFTWARE LICENSE AGREEMENT Effective Date of this Agreement: January 1, 2020_____ SCOPE City of South Bend Aquatic Informatics ("Al") By and through its Board of Public Works - and - 2400 —1111 West Georgia Street 830 N. Michigan St. Vancouver, BC Canada, V6E 4M3 227 W. Jefferson Blvd, South Bend, IN 46601 A. This Software License Agreement (the "Agreement") is between Aquatic Informatics and its affiliates ("Al", "we," "us," or "our") and you the customer of Al seeking to license certain software in executable code form and obtain related services from Al ("you" or "Customer"). Immediately below is the name of the Al company that is contracting with you based on the country or Al's sales region where you are located and the Al product and service obtained unless otherwise agreed in writing. Your agreement is with Linko Technology Inc. a company incorporated under the laws of the State of Washington, USA. B. Al is licensing certain software in executable code form including related professional services more particularly described in Schedule A ("the Software") upon the terms and conditions set out in this Agreement. By using the Software, you agree to abide by the terms of this Software License Agreement ("Agreement"). C. This Agreement includes the following Schedules: • Schedule A - Description of Software • Schedule B - License Term and payment terms • Schedule C - Support and Maintenance 1. Software. 1.1 Al grants to Customer, a license which permits Customer to use the Software in executable code format only and in the manner as described in this Agreement. The Software is licensed, not sold. Al, and not Customer, owns the Software, which is protected by United States, Canadian and international copyright laws. Customer may use the Software only in the manner set out in this Agreement. This Agreement gives Customer no intellectual property rights in the Software. 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 Agreement ("Support and Maintenance"). Such support and maintenance is provided on condition that you are current in all payments due to Al. 1.3 On your request Al may provide optional professional services ("PS") to you. Such PS will be provided on mutually agreed terms set out in a Schedule to this agreement, a Quote, or a Statements of Work (all described as "SOW") and may include, for example, Software installation, implementation and additional training. Additionally: (a) Your responsibilities and Al responsibilities, project schedules, milestones, deliverables with respect to PS and its delivery will be set out in the SOW. (b) Al's PS and the SOW will be provided on the basis of assumptions and information set out in the information you have provided to Al. If such assumptions/information provided by you is incorrect then you acknowledge that milestones, schedules, deliverables or pricing of PS may require adjustment. If required, such adjustments will be mutually agreed in writing. (c) If Al is prevented or delayed from performing PS in the manner and at the time set out in a SOW by reason of any act or omission attributable to you Al will notify you forthwith and giving you three days notice to correct such act or omission. If you do not remedy this situation following three notifications, Al's PS will be put on hold Aquatic Informatics Software License Agreement