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<br /> <br />CITY OF SUNNY ISLES BEACH <br />SUNGARD SOFTWARE LICENSE AND <br />SERVICES AGREEMENT <br />CONTRACT NO. C0506-45-1 <br /> <br />This Agreement for Licensed Program(s) and related Support Services, subject to the limitations <br />and conditions set forth in this Agreement, as more specifically described in the attached <br />Supplement(s) and Schedule(s), is entered into this I ~ day of ~, 2006, by and between <br />SunGard HTE Inc. (SunGard), having its principal place of business at 1000 Business Center <br />Drive, Lake Mary, Florida 32746, and the City of Sunny Isles Beach, FL (Customer), with its <br />principal place of business at 18070 Collins Avenue, Sunny Isles Beach, FL 33160. <br /> <br />SunGard and Customer agree that when this Agreement is signed by both parties, all terms and <br />conditions contained in this Agreement will apply to any Licensed Program(s) and/or service(s) <br />offered under this Agreement. SunGard will furnish to the Customer by this Agreement: <br /> <br />I. The SunGard Licensed Program(s) listed in the Supplements to this Agreement. <br />2. Grant of a nonexclusive, nontransferable license to use the Licensed Programs on SunGard <br />supplied or approved equipment. <br />3. Support service(s) as described herein. <br />4. Training, conversion and project management services as described herein and listed in the <br />Supplement(s) to this Agreement. <br /> <br />With respect to the Licensed Program(s), the Customer agrees to accept responsibility for: <br /> <br />1. Appointment of a qualified Customer representative as required herein, and cooperating <br />with and assisting SunGard in the performance of its responsibilities under this Agreement. <br /> <br />2. Use of the Licensed Programs to achieve the Customer's intended results. <br /> <br />I. DEFINITIONS <br /> <br />"Licensed Program(s)" shall mean a licensed data program or set of programs, or routines and <br />subroutines, consisting of a series of instructions or statements in machine readable object code <br />form and any related licensed program materials provided for use in connection with the Licensed <br />Program(s). Unless otherwise provided herein, the term "Licensed Program(s)" shall refer solely to <br />SunGard Licensed Program(s). <br /> <br />"Machine" or "CPU" or "Hardware" shall mean computer hardware designated, supplied or <br />approved by SunGard for operation of any Licensed Program(s). <br /> <br />COS06-4S-1 SunGard Software License and Services Agreement <br /> <br />S/8 <br />