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4. Obligations of Sunerion. Right of Accessor Regarding Accessed Software. Accessor's right to use the <br /> Accessed Software is derivative of Licensee's license to use the Accessor Software under the terms and <br /> conditions of the Licensee Agreement Superion is not deemed to have granted Accessor any license to use the <br /> Accessor Software by virtue of this Access Agreement Any such license can only be effected by the execution <br /> by Accessor and Superlon of a definitive written software license agreement between Superlon and Accessor <br /> that, by its express terms, purports to provide such a right of license to Accessor. Superion will have no <br /> obligations whatsoever to Accessor in connection with the Accessed Software. As BETWEEN SUPERION AND <br /> ACCESSOR,THE ACCESSED SOFTWARE IS MADE AVAILABLE ON AN"AS IS"BASIS. SUPERION MAKES NO WARRANTIES <br /> WHATSOEVER TO ACCESSOR REGARDING THE ACCESSED SOFTWARE, AND HEREBY DISCLAIMS ANY AND ALL <br /> WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, <br /> NOWINFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. SUPERION WILL HAVE NO LIABILITY TO OR THROUGH <br /> ACCESSOR UNDER OR IN CONNECTION WITH THIS ACCESS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE <br /> ACCESSED SOFTWARE,IN WHOLE OR IN PART. <br /> 5. Governing Law. This Agreement will be governed by and construed under the laws of the State of Illinois, <br /> without reference to the choice of laws provisions thereof. If any provision of this Agreement is Illegal or <br /> unenforceable;it will be deemed stricken from the Agreement and the remaining provisions of the Agreement will <br /> remain in full force and effect _ <br /> 6. Ina on Provision. This Access Agreement contains the entire understanding or the parties with <br /> respect to its subject matter,and supersedes and extinguishes all prior oral and written oommunicstions between <br /> the parties about its subject matter. No modification of this Access Agreement will be effective'unless it is in <br /> writing,is signed by each party,and expressly provides that it amends this Agreement <br /> CITY OF DECATUR,IL SUPERION,LLC <br /> _ +._ IL <br /> �. <br /> Authorized.Signature Authorize ature <br /> Tim A. Gleason, City Manager q? <br /> I. Print Name&Title Print MaIT115&Title <br /> _ October 16, 2017 1 ��' ; : . <br /> Date Date <br /> CE L ILLINOIS REGIONAL DISPATCH <br /> C71;. 4 <br /> Authorized Signature <br /> Print Name&Title <br /> Date <br /> Page 2 of 2 <br />