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E TEAM,INC. <br /> SOFTWARE LICENSE,MAINTENANCE,AND SERVICES AGREEMENT <br /> This Software License, Maintenance, and Services Agreement("Agreement") is entered into as of July 12, <br /> 2002("Effective Date"),by and between E Team, Inc., located in Canoga Park,California USA("E Team"),and <br /> Licensee Name: Livermore-Pleasanton Fire Department ("Licensee") <br /> Address: 4550 E.Avenue <br /> Livermore,CA 94550 <br /> RECITALS <br /> A. E Team is the owner of certain computer software programs and provides services related to emergency <br /> management and other functions related to such computer software. <br /> B. E Team desires to provide, and Licensee desires to obtain, a license to use such software and/or E Team's <br /> services on the terms and conditions set forth in this Agreement. <br /> NOW, THEREFORE, based on the foregoing premises and the promises set forth below, the parties agree as <br /> follows: <br /> AGREEMENT <br /> 1. Definitions. <br /> 1.1 "Confidential Information"will have the meaning set forth in section 8.1. <br /> 1.2 "Fees" means, collectively, the license fees for the Software, the Maintenance Fee and any other fees <br /> payable by Licensee to E Team pursuant to this Agreement. <br /> 1.3 "Maintenance Fee"means the fees,set forth in the Order Form,payable for the Support. <br /> 1.4 "Order Form" means the service order form attached to this Agreement as Attachment A, and incorporated <br /> herein by this reference. <br /> 1.5 "Services" means work performed by E Team for Licensee pursuant to a Statement of Work, or an <br /> alternative ordering document acceptable to E Team, agreed to by the parties in writing. The schedule for Services <br /> will be agreed upon by the parties, subject to the availability of E Team personnel. <br /> 1.6 "Software" means the software programs and/or applications described in the Order Form in object code <br /> form only. <br /> 1.7 "Specifications" means the functional specifications described in the user manuals or other specification <br /> documents delivered by E Team to Licensee. <br /> 1.8 "Statement of Work" means the document provided to Licensee by E Team, and signed by both parties, <br /> that specifies the Services to be provided by E Team and the applicable fees for the Services. Each Statement of <br /> Work shall be governed by this Agreement and shall reference the Effective Date. In the event that E Team does not <br /> provide Licensee with a separate Statement of Work,the Order Form shall operate as the Statement of Work. <br /> 1.9 "Support"shall have the meaning set forth in Section 3.1. <br /> . 1 <br />