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Cognos Software Supplement

EXHIBIT:  COGNOS SOFTWARE SUPPLEMENT

Additional Definitions.  “Cognos Component Systems” means any of the software provided to PowerSchool by International Business Machines Corp. (“Cognos”) and identified under the name “Cognos” in Exhibit B.

  1. Ownership. Cognos owns the Cognos Component Systems.
  2. Restrictions on Use of Cognos Component Systems. Client’s use of the Cognos Component System(s) is subject to the following additional terms and conditions:
    1. Client has the right to use the Cognos Component System(s) only in Object Code form, and only with the PowerSchool Licensed Software.
    2. Client acknowledges that the Cognos Component System(s) are proprietary to Cognos and are supplied by PowerSchool under license from Cognos. Title to the Cognos Component System(s) shall at all times remain vested in Cognos or its designated successor.  Except for the right of use that is expressly provided to Client under the Agreement, no right, title or interest in or to the Cognos Component System(s) is granted to Client;
    3. (c) Client agrees that Cognos shall not be liable for any damages, whether direct, indirect, incidental, special, or consequential, arising from the Client’s use of the Cognos Component System(s) or related materials;
    4. (d) Client acknowledges and agrees that Cognos is a third party beneficiary of this Agreement;
    5. Client acknowledges and understands that the Cognos Component System(s) may only be used by the number of users for the specific functions for which the license has been granted, as otherwise specified in Exhibit B; and
    6. Client acknowledges and understands that it is licensing the Cognos Component System(s) on a “restricted use” basis. “Restricted use” means the use of the Cognos Component System(s) only with the following Component Systems, to the extent licensed as set forth in Exhibit B.  Such restricted use shall include Client’s right to extract, analyze, and report data from disparate systems, provided that such data is extracted, analyzed and reported by the Component System software applications set forth in Exhibit B.
    7. In addition to the warranty provided in the Agreement, Client shall be provided with the limited, thirty (30) day warranty from Cognos as set forth below. Cognos warrants to Client that (a) for a period of thirty (30) days following the initial delivery/download/access of the Cognos Component System(s) to or by Client, the Cognos Component System(s) will perform in accordance with its related documentation, and (b) the media on which the Cognos Component System(s) is provided, if applicable, is free from defects in materials and workmanship under normal use.  Subject to applicable law, all other warranties, express or implied, or otherwise, are excluded.  Client’s only remedy against Cognos if this warranty is breached will be, at the option of Cognos, (a) to repair or replace the Cognos Component System(s) or (b) to refund the amounts paid in respect of the defective Cognos Component System(s).  This remedy is void if Client misuses the Cognos Component System(s) contrary to its related documentation.
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