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<br />Altiris Consulting Created on August g, 2006
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<br />Statement of Work #: HC-Cass County-2006-0803 v1.1 Page 12
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<br />and agreement between the parties relating to the subject matter and may be
<br />amended only in writing signed by both parties. Any terms of any purchase
<br />order or other document submitted by Customer that are in addition to,
<br />different from, or inconsistent with, the terms and conditions of this SOW and
<br />any Master Software License Agreement or Customer Services Agreement
<br />incorporated herein by reference, are not binding on Altiris and are ineffective.
<br />
<br />Services. Subject to Altiris' acceptance of the purchase order and Customer's
<br />payment of all fees due for Services, Altiris will provide to Customer the Services
<br />ordered hereunder as they are described in Altiris' then-current Customer
<br />Services Offerings Overview, the terms of which are hereby incorporated into
<br />this SOW.
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<br />A "day" is defined as eight (8) hours of work conducted between 8am and Spm
<br />in the local time zones, The work schedule may be adjusted by mutual
<br />agreement to accommodate Customer work hours or special circumstances.
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<br />Additional labor, if required, may be purchased at then current Altiris or reseller
<br />published rates as described in the Altiris Customer Service offering description.
<br />Scheduling for additional labor is subject to Altiris staff availability
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<br />Ownership, Customer acknowledges that the Licensed Software, and any
<br />copyrights, patent rights, trade secrets, trademarks and other intellectual
<br />property in or to the Licensed Software, are the exclusive property of Altiris
<br />and/or Altiris' licensor(s), if any, Any recommendations, ideas, contributions,
<br />corrections, enhancements, improvements, or the like relating to Licensed
<br />Software that are submitted by Customer to Altiris and are incorporated,
<br />implemented or used by Altiris in the Licensed Software, Customizations (as
<br />defined in Appendix 0) or in any other computer programs, products,
<br />technology or processes of Altiris, shall be the sole property of Altiris and the
<br />same, together with all copyrights, trade secrets, patent rights and other
<br />intellectual property thereto will be, and hereby are, assigned to Altiris, If any
<br />Customizations or other software development are performed by Altiris under
<br />this SOW for Customer, such Customizations and software and all copyrights,
<br />trade secrets, patent rights and other intellectual property thereto will be owned
<br />by Altiris. Such Customizations will be licensed to Customer subject to the
<br />applicable software license agreement between Altiris and Customer. If there is
<br />no such agreement then such Customizations will be subject to the following
<br />restrictions: (a) the Customizations are licensed to Customer in object code
<br />format only and may not be reverse engineered, de-compiled or disassembled,
<br />(b) the Customizations may not be sublicensed, loaned, sold, rented, leased,
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<br />@2006Altiris, Inc. All Rights Reserved. Copying or Distribution Prohibited.
<br />CONFIDENTIAL. TERMS SUIlIECT TO NON-DISCLOSURE AGREEMENT AND lOR CONFIDENTIALITY CLAUSES WITHIN
<br />MASTER AGREEMENT.
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<br />altiris'
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