R2012-169 ACCEPTING THE AGREEMENT WITH T2 SYSTEMS, INC.

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i T2 SYSTEMSO INC. SOFTWARE SUBSCRIPTION AGREEMENT THIS SOFTWARE SUBSCRIPTION AGREEMENT is entered into as of September 10, 2012 ("Effective Date") and contains the subscription agreement between City of Decatur, IL ("Subscriber") and T2 SYSTEMs, INC. ('72'). Subscriber specific details are contained in the Quote executed by the Parties.Certain terms are defined in Article 13. Article 1 . SOFTWARE SUBSCRIPTION Section 1.1 Software Subscription. T2 grants to Subscriber a non- exclusive right to use: (i) one Production Copy of the T2 Flex® Software for its Authorized Concurrent Users and (ii) copies of the handheld ticket-writer software equal to the number of handheld ticket-writer Hardware units purchased by Subscriber, if applicable. T2 grants the Subscription(s)for the Authorized Purposes and no other purposes. At no time may the number of user accounts for the Software exceed the number of Authorized Concurrent Users. T2 has the right to monitor number of Concurrent Users. Subscriber may increase the number of Authorized Concurrent Users in the manner provided for in the Quote. Section 1.2 Term. The Subscriptions granted in this Article 1 and Article 4 are for the term specified in Section 7.l. Section 1.3 Warranty of Functionality. T2 warrants to Subscriber that: For a period of ninety (90) days after 72 installs the T2 Flex® Software, including the handheld ticket-writer Software if applicable, at the Subscriber's premise or installs it on the Hosted System, whichever the case may be, the Software will provide at least the functionality contained in the then-current product literature as posted on T2's corporate website, and will perform without errors which would significantly affect its ability to provide that functionality. This warranty is contingent upon Subscriber advising T2 of any failure of the T2 Flex@ Software to perform within ninety (90) days after the Installation Date. The notice to T2 shall specifically identify the error or errors. T2's services in connection with the correction of the errors shall be provided without charge to Subscriber. T2 does not warrant that the operation of the T2 Flex® Software will be uninterrupted or error free. Further, T2 does not warrant that the 12 Flex© Software will operate on any particular configuration of software, operating system or computer system. Section 1.4 No Other Warranties. The warranties made by T2 in Section 1.3 with regard to both the T2 Flex © Software and the handheld ticket-writer Software are in lieu of all other representations or warranties, express or implied, including without limitation any implied warranties of design,merchantability,or fitness for any specific or general purpose and those arising by statute or by law, or from a course of dealing, or usage of trade, all of which are disclaimed. VL.EtsioN 080212 l