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End User License Agreement <br /> Sugar Platform <br /> THIS END USER LICENSE AGREEMENT("AGREEMENT")GOVERNS USERS OF OUR SERVICES. <br /> This Agreement shall become effective as of the date of the last party to sign below. <br /> 1.DEFINITIONS <br /> "Data"means all electronic data or information submitted by You to the Services. <br /> "Hawaii DOT Agreement"means the End User License Agreement entered into as of August 16, <br /> 2018 between Citilabs Inc.and the State of Hawaii,Department of Transportation. <br /> "Non-Citilabs Applications"means software applications not owned by Citilabs Inc. <br /> "Services"means the Citilabs cloud-based Sugar services."Services"exclude Non-Citilabs <br /> Applications. <br /> "Sugar Platform"means the Citilabs transportation and urban planning modeling application that <br /> allows users to calculate,map,and analyze transportation systems. <br /> "Users"means those(i)who are authorized by You to use the Services,(ii)who are each using the <br /> Services,(iii)and who have been supplied User identifications and passwords. <br /> "We, "Us"or"Our"means the Citilabs Inc. <br /> "You"or"Your"means the County of Hawaii Planning Department,the County of Hawaii <br /> Department of Public Works and the County of Hawaii Mass Transit Agency. <br /> 2.USE OF THE SERVICES <br /> 2.1. License Grant. Subject to the terms and conditions contained in this Agreement,We hereby <br /> grant to You,during the term of this Agreement,a limited,non-exclusive,non-transferable license <br /> for Your Users to use the Services for you and your users'internal purposes. <br /> 2.2. Your Responsibilities.You shall(i)be responsible for You and Your Users'compliance with <br /> this Agreement,(ii)use commercially reasonable efforts to prevent unauthorized access to or use <br /> of the Services,and notify Us promptly of any such unauthorized access or use,and(iii)use the <br /> Services only in accordance with applicable laws and government regulations.You shall not(a) <br /> make the Services available to anyone other than Users,(b)sell,resell,rent or lease the Services, <br /> (c)use the Services to store or transmit infringing,libelous,or otherwise unlawful or tortious <br /> material,or to store or transmit material in violation of third-party privacy rights,(d)use the <br /> Services to store or transmit viruses,worms,time bombs,Trojan horses or other harmful or <br /> malicious code,files,scripts,agents or programs,(e)interfere with or disrupt the integrity or <br /> performance of the Services or third-party data contained therein,or(f)attempt to gain <br /> unauthorized access to the Services or their related systems or networks. <br /> 2.3. Usage Limitations.Services are subject to limits on disk storage space. You may not have <br /> more than the number of Users specified by Hawaii DOT. <br /> 1 <br />