Kittitas Harris SLS Agreement v1_Final

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CONFIDENTIAL Cayenta Software and Subscription Agreement 2024-01-11 Page 35 of 41 APPENDIX B-2 TO SCHEDULE B PASS-THROUGH TERMS – IBM COGNOS “IBM Software” means the IBM Planning Analytics and Reporting Bundle software. “IBM Planning Analytics” means the IBM Planning Analytics software product. “Reporting Bundle” means the IBM Cognos Analytics software product. The IBM Reporting Bundle and the IBM Planning Analytics are licensed to Harris by IBM Canada Ltd. (“IBM”). The Reporting Bundle software is embedded into the Software products known as: Cayenta CIS, Cayenta FMS, Cayenta WMS. The Cayenta Budget Prep module of the Software known as, Cayenta FMS, runs within IBM Planning Analytics. Certain of the required IBM Software license terms are included in the main body of the Agreement. Other required IBM Software terms that are not included in the main body of Agreement are set out below. In this Appendix C-3, “Customer” has the same meaning as “Organization”. 1. The Customer is not authorized to use any elements of the IBM Software separately from the Software. 2. The Customer is responsible for all damages that result from misuse, modification, or damage caused by the Customer to the IBM Software. 3. The Customer warrants to Harris that it will comply with applicable import, export and economic sanction laws and regulations that prohibit or restrict the export, re-export, or transfer of products, technology, services or data, directly or indirectly, to or for certain countries, end uses or end users. 4. The licensors of the IBM Software may process and store business contact information of end users’ personnel in connection with the performance of its agreement with Harris wherever in the world they do business. The licensor of the IBM Software may use personnel and resources in locations worldwide and third-party suppliers to support the delivery of the IBM Software. 5. IBM and Harris are not responsible for the results obtained from using the IBM Software. 6. Customer shall cease all use of the IBM Software upon receipt of written notice from Harris if IBM withdraws Harris’ right to allow Customer to use the IBM Software based on an infringement claim or if IBM no longer has the rights for the IBM Software. 7. Harris warrants for a period of ninety (90) days from the Completion of Services that when used in the specified operating environment the IBM Software will conform to the specifications for the IBM Software provided by Harris on the Harris customer portal (Cayenta). Harris and IBM do not warrant uninterrupted or error-free operation of the IBM Software or that IBM or Harris will correct all IBM Software defects. IBM and Harris are not responsible for the results obtained from the use of the IBM Software.