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4. LICENSE <br />3. Agency is responsible for providing all equipment and hardware to house <br />the Licensed Imagery and EFS software. After Agency specifies the <br />portion of the Licensed Imagery that they are requesting within the Scope <br />of this Agreement, County will provide Agency with the specification for the <br />hardware that is necessary to support that portion of the Licensed Imagery. <br />A. Subject to the terms and conditions set forth in this Agreement, Agency is granted <br />a perpetual, non exclusive, non transferable license to use all Licensed Imagery <br />and EFS software as provided by County. <br />B. Agency may use and copy the documentation pertaining to the Licensed Imagery <br />and EFS software as supplied by County as required for Authorized Users. <br />C. Reproductions of individual (or limited quantities of) Licensed Imagery using the <br />EFS software, or reproduction or copying of the Licensed Imagery in any form by <br />any other means by Agency shall be permitted for distribution to Agency's <br />constituency. <br />5. COPYRIGHT <br />A. Agency acknowledges and agrees that Contractor has and retains sole and <br />exclusive ownership and all right, title, and interest in and to any Licensed <br />Imagery and EFS software provided under this Agreement and all copyrights, <br />patents, and other proprietary rights of the Licensed Imagery and EFS software. <br />Agency agrees: (a) that it will never assert or claim any interest in, or <br />intentionally do anything that may adversely affect the validity of, or infringe on, <br />any proprietary right, (b) that it will protect the proprietary rights, including <br />placing or maintaining all copyright notices and other indications of Contractor's <br />ownership on all Licensed Imagery and EFS software and on all copies of <br />Licensed Imagery and all other property of Contractor when instructed by <br />County, and (c) that it will notify County promptly of any known or suspected <br />breach of any proprietary rights. <br />B. Agency acknowledges and agrees that Contractor owns and retains all <br />ownership rights in trademarks, trade names, and logos used by Contractor in <br />connection with the Licensed Imagery and EFS software. Agency agrees not to <br />attach any additional trademarks, trade names, logos or designations to any <br />Contractor product or to any copies of any of the Licensed Imagery without <br />written approval from County. Agency may, however, include an Agency seal <br />and contact information so long as these annotations in no way obscure or <br />deface the Contractor's marks. Agency further agrees that Agency will not use <br />any Contractor trademark, trade name, logo, or designation in connection with <br />any product or service other than the Licensed Imagery and EFS software. <br />Agency's nonexclusive right to use Contractor's trademark is coterminous with <br />this Agreement. <br />3 <br />