Source Code Access Agreement

A. AMI provides Licensee with one (1) copy of the AMI technology upon receipt of a copy of this Agreement and payment of all taxes and other fees due in the performance of this Agreement. The access granted is strictly limited to the sites and designated persons indicated by the licensee in Appendix B, unless otherwise agreed in writing by AMI. PandaTip: The Term and Termination section of this proposal sets out the terms for termination of this Source Code Agreement by either party. Both parties agree that direct financial damages shall not be the only damage related to a breach of the Source Code License Agreement. D. The Licensee agrees that, for the duration of this Agreement [***]. The licensee undertakes to use only AMI technology [***]. In addition, the software provider exempts the licensee from any damage related to the source code. This source code agreement does not imply or justify a relationship between the employer and the employee.

G. “Object Code” means a computer file that may contain any type of data encoded in binary form for computer storage and processing purposes; A binary provided as part of the licensed materials (defined below) may consist of a precompiled and pre-linked program that can be run under a particular operating system, with the understanding that a binary file for one operating system cannot necessarily be run on another operating system. `Such an object code, made available to the licensee as part of the licensed materials, is set out in Appendix C. All disputes related to this Agreement will be resolved in accordance with the laws of [Software.ProviderState] and all legal actions will take place as such. Nothing in this Agreement may be modified or superseded without the written consent of both parties. “Update” means a version of the technology that essentially contains only error fixes and bug fixes. Updates that may be made available for maintenance in accordance with Section 5 shall be left to the discretion of the AMI and shall be provided by CD-ROM or by secure access to source management servers. . . .

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