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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(30S) 947-0606 phone (30S) 949-3113 Fax <br /> <br />"Source Code" shall mean a copy of the computer programming code in human-readable form. <br /> <br />"Object Code" shall mean a copy of the computer programming code assembled or compiled in <br />magnetic or electronic binary form on software media, which are readable and usable by machines, <br />but not generally readable by humans without reverse assembly, reverse compiling, or reverse <br />engmeenng. <br /> <br />"Installation Date" shall mean the date that the Licensed Program(s) is installed/loaded on a <br />designated machine. Licensed Programs will be considered installed when SunGard demonstrates <br />that the Licensed Program is installed and is ready for the Customer to start building code files on <br />their computer system, <br /> <br />"Delivery Date" shall mean the date SunGard delivers, F,O.B. SunGard's offices, the Licensed <br />Program(s) to Customer. The date of such delivery shall be referred to as the "Delivery Date." For <br />services, the "Delivery Date" refers to the date services are perfOlmed. <br /> <br />"Support Services" shall mean the maintenance and support call services provided to Customer for <br />the SunGard Licensed Program(s). <br /> <br />II. LICENSE <br /> <br />The license granted under this Agreement permits the Customer, subject to the provlslOns of <br />Sections VII, VIII, IX and XI of this Agreement to: <br /> <br />a. Use the Licensed Program(s) on the designated Machine(s) for Customer's internal use only <br />and not for the processing of any data except Customer's (i.e., no service bureau use is <br />pelmitted). <br /> <br />b. Copy the Licensed Program(s) in machine readable object code form to provide sufficient <br />copies to support the Customer's use of the Licensed Program(s) as authorized under this <br />Agreement. <br /> <br />c. Transfer the Licensed Program(s) to a back-up CPU to be used when the designated CPU is <br />temporarily inoperable, <br /> <br />d. Have access to a copy of the Licensed Program(s). Unless otherwise provided herein, the <br />Licensed Program(s) are provided in and may be used in machine-readable object code <br />form only. SunGard offers the Customer, through a third party escrow agent, a Source Code <br />Escrow Agreement that provides for release of the source code version of the Licensed <br />Program(s) from escrow upon the occurrence of certain release events, such as SunGard's <br />failure to provide required maintenance services as agreed. <br /> <br />2 <br /> <br />COS06-4S-1 SunGard Software License and Services Agreement <br /> <br />SIB <br />