contract

Optio Software Supplement

EXHIBIT: OPTIO SOFTWARE SUPPLEMENT

Additional Definitions.  “Optio Software” means the object code version of the software provided to PowerSchool by Bottomline Technologies (de), Inc. (“Bottomline”) and identified under the name “Optio” in Exhibit B, herein.

  1. Ownership. Bottomline owns the Optio Software.
  1. Restrictions on Use of Optio Software. Client’s use of the Optio Software is subject to the following additional terms and conditions:
    1. Client has the right to use the Optio Software only in Object Code form, and only with the PowerSchool Licensed Software.
    2. Client acknowledges that the Optio Software is proprietary to Bottomline and is supplied by PowerSchool under license from Bottomline. Title to the Optio Software shall at all times remain vested in Bottomline 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 Optio Software is granted to Client;
    3. Client agrees that Bottomline shall not be liable for any indirect, incidental, special, or consequential damages, arising from the Client’s use of the Optio Software or related materials;
    4. Client acknowledges and agrees that Bottomline is a third party beneficiary of this Agreement;
    5. Client acknowledges and understands that the Optio Software may only be used by the number of users for the specific functions for which the license has been granted.
    6. The warranty provided in the Agreement applies to Optio Software.
    7. PowerSchool shall be responsible for installation, initial training, support and first level problem shooting for Client.
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