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ALCOHOL he10.717011N J Y.v3YE: OAS <br /> IN <br /> AMENDMENT TO <br /> AGENCY PRODUCTS AND SERVICES AGREEMENT <br /> AGENCY: Cass County Sheriff's Office <br /> In consideration of the terms the Agency Products and Services Agreement entered into by and between <br /> Alcohol Monitoring Systems, Inc. ('AMS') and Cass County Sheriff's Office (Agency') pursuant to <br /> the Agency Products and Services Agreement between AMS and Agency and to which this Amendment <br /> is attached, AMS and Agency agree to amend the Agency Products and Services Agreement by .(11 <br /> substituting the numbered Sections below for those identical numbered Sections of the Agency Products <br /> and Services Agreement; or (ii) otherwise adding or deleting provisions to such Agreement, all as set <br /> forth below: <br /> Amend the following in Section 2, PAYMENT, to reflect: <br /> 2.1.1 Purchased Products. The purchase price of the Products plus any applicable invoiced taxes <br /> is due and payable within ton (10) thirty (30) days of date of invoice. <br /> Amend the following in Section 3, RESTRICTIONS; LICENSE; OWNERSHIP; DISCLAIMER, to <br /> reflect: <br /> 3.1 Restrictions on Use; No Modification. Agency shall not do any of the following acts: (i) wilfully <br /> tamper with the security of the Monitoring Software or Equipment; (ii) access data on the Monitoring Software not <br /> intended for Agency; (iii) log into an unauthorized server or account on the Monitoring Software; (iv) attempt to <br /> probe, scan or test the vulnerability of the Monitoring Software or to breach the security or authentication <br /> measures without proper authorization; (v) wilfully render any part of Monitoring Software unusable; (vi) reverse <br /> engineer, de- compile, disassemble or otherwise attempt to discover the source code or underlying ideas or <br /> algorithms of the Monitoring Software; (vii) modify, translate, or create derivative works based on the Monitoring <br /> Software; (viii) rent, lease, distribute, license, sublicense, sell, resell, assign, or otherwise commercially exploit <br /> the Monitoring Software or make the Monitoring Software available to a third party other than as contemplated in <br /> this Agreement; (ix) use the Monitoring Software for timesharing or service bureau purposes or otherwise for the <br /> benefit of a third party; "e• <br /> or -ether wino. (x) remove, modify, obscure any copyright, trademark, patent or other proprietary notice that <br /> appears on the Monitoring Software; or (xi) create any link to the Monitoring Software or frame or mirror any <br /> content contained or accessible from the Monitoring Software. Except as expressly provided in this Agreement, <br /> no right or license is granted hereunder, by implication, estoppel or otherwise. <br /> Amend the following in Section 5, CONFIDENTIAL INFORMATION, to reflect: <br /> 5.4 Required Disclosures. If Recipient is required by legal proceeding discovery request, "open records" or <br /> equivalent request, investigative demand, subpoena, court or government order to disclose Confidential Information, <br /> Recipient may disclose such Confidential Information provided that: (i) the disclosure is limited to the extent and purpose <br /> legally required; and, prior to any disclosure, Recipient shall immediately notify Discloser in writing of the existence, terms <br /> and conditions of the required disclosure and, at Discloser's request and expense, cooperate in obtaining a protective order <br /> or other reliable assurance that confidential treatment will be accorded the Confidential Information. <br />