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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 />b. Allow SunGard to control, and fully cooperate with SunGard in the defense and all <br />related settlement negotiations. <br /> <br />The Customer agrees to allow SunGard, at SunGard's option and expense, if such claim has <br />occun'ed or in SunGard's judgment is likely to occur, to procure the right for the Customer to <br />continue using the Licensed Program(s) or to replace or to modify them so that they become non- <br />infringing. If neither of the foregoing alternatives is available on terms which are reasonable <br />in SunGard's judgment, upon written request, the Customer will return the Licensed Program(s) to <br />SunGard, and SunGard shall refund to the Customer the license fee(s) paid under this Agreement <br />for the particular Licensed Program(s) that is determined to be infringing. <br /> <br />XII. COPYRIGHT PROTECTION <br /> <br />The Licensed Programs and any written documentation associated therewith are protected under <br />the Copyright Laws of the United States. SunGard warrants and Customer acknowledges that <br />SunGard has the following exclusive rights with regard to the Licensed Program(s): <br /> <br />a. To reproduce the Licensed Program(s) in any or all forms. <br />b. To adapt, transform or rearrange the Licensed Program(s). <br />c. To prepare other products derivative of the Licensed Program(s). <br />d. To control the distribution of the Licensed Program(s). <br /> <br />Customer agrees not to violate any of SunGard's rights or to assist or aid others in doing so. <br />Customer agrees to preserve all copyright and other notices in the Licensed rogram(s) and written <br />documentation. <br /> <br />XIII. HARDWARE AND SYSTEM SOFTWARE <br /> <br />Upon the terms and conditions set forth herein, SunGard agrees to sell and Customer agrees to buy <br />the computer hardware and sublicense the operating system software described in Schedule A at <br />the price set forth therein. Customer may buy and SunGard may sell additional computer hardware <br />to be added to the computer hardware outlined above at the then current SunGard prices in effect at <br />the time of purchase. <br /> <br />Computer hardware maintenance and/or warranty will be provided by the hardware manufacturer. <br />Customer is responsible to coordinate any such services directly with the hardware manufacturer <br />and to execute a maintenance/support agreement with the hardware manufacturer. <br /> <br />Operating Environment. The Customer hereby assumes the full responsibility for compliance <br />with the installation guidelines of the manufacturer and the requirements provided by SunGard. <br />Customer hereby assumes full responsibility for installation, requirements, and licensing of all third <br /> <br />8 <br /> <br />COS06-4S-1 SunGard Software License and Services Agreement <br /> <br />SIB <br />