Southtowns Record

SUPPORTING DOCUMENTS 6A-6N

Government
Town of Aurora
Board
Town Board
Meeting
Oct 13, 2026
Kind
Agenda packet
Topics
Budget and taxes, Parks and recreation, Public safety, Water, sewer and drainage, Audits and oversight, Moratoriums, Zoning and land use

Original document

Same meeting

Text · page 29 of 57

Read the whole document on one page (all 57 pages, each with its own heading)

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5.4.  Equitable Relief. Each Party acknowledges that due to the unique nature of the other Party's
  Confidential information, the disclosing Party will not have an adequate remedy in money or damages
  in the event of any unauthorized use or disclosure of its Confidential Information. In addition to any
  other remedies that may be available in law, in equity or otherwise, the disclosing Party shall be
  entitled to seek injunctive relief to prevent such unauthorized use or disclosure.

6.  PROPRIETARY RIGHTS.

  6.1.  GovPilot Products and Services. Subject to the express licenses granted herein and in the Addenda,
  GovPilot  retains all right, title, and  interest in and to the GovPilot Software  and  GovPilot  Hosting,
  including the GovPilot Software (including all software, GovPilot Desktop, GovPilot SaaS Software,
  GovPilot Mobile), the Documentation, Services, Aggregated Data, GovPilot Collected Information,
  Feedback,  Developed  Works,  and all improvements,  enhancements,  modifications,  derivatives, and
  updates thereto, together with all associated intellectual property rights (including trademarks and
  copyright notices) (collectively, “GovPilot Materials”), and Customer acknowledges that it neither
  owns nor acquires any rights in any GovPilot Materials not expressly granted by this Agreement.
  Customer further acknowledges that GovPilot retains the right to use the GovPilot Materials for any
  purpose in GovPilot’s sole discretion, and GovPilot reserves all rights not expressly granted in this
  Agreement. Except as may be expressly agreed upon with regard to Custom Software developed
  under any Professional Services Work Statement, this is not a work-made-for-hire agreement (as that
  term is defined in Section 101 of Title 17 of the United States Code) and except for express licenses
  granted in this Agreement, GovPilot is not granting or assigning to Customer any right, title, or interest,
  express or implied, in or to any intellectual property.

  6.2.  Customer Data. As between the Parties, and subject to the licenses set forth herein, by virtue of this
  Agreement, GovPilot acquires no right, title and interest in and to the Customer Data.

  6.3.  Feedback. Customer may provide suggestions, comments, or other feedback (collectively,
  “Feedback”) to GovPilot with respect to its products and services, including the GovPilot Software and
  GovPilot Hosting. Feedback is voluntary. GovPilot may use Feedback for any purpose without
  obligation of any kind in connection with GovPilot’s business, including but not limited to the
  enhancement of the products and services.

  6.4.  Information and Data. As between the Parties, Customer acknowledges and agrees that GovPilot shall
  own all rights, title, and interests in and to any information, data, and content provided by, posted by,
  or otherwise collected from third parties through the use of or integration with the GovPilot Software
  (the “GovPilot Collected Information”) and shall be free to use such GovPilot Collected information in
  accordance with its privacy policy posted at https://www.govpilot.com/terms-and-conditions,
  provided such data does not meet the definition of Customer Data.

  6.5.  No Source Code. Nothing in this Agreement shall be construed to give Customer a right to use, or
  otherwise obtain access to, any source code from which the GovPilot Software or any portion thereof
  is compiled or interpreted.

  CUSTOM DEVELOPMENT.

  7.1,  Development Undertaking. Where requested by Customer and agreed in a Work Statement, GovPilot
  shall render Professional Services to develop the Custom Software in accordance with such Work
  Statement, including, without limitation, creation of software applications and/or program code, and
  integration, customization and/or configuration of the foregoing, as necessary to enable the Custom
  Software to materially conform to the technical and performance standards set forth in such Work
  Statement. For purposes of this Agreement, “Custom Software” means custom software specifically
  developed for Customer by GovPilot and identified as such in a Work Statement.

  7.2.  Development Schedule. GovPilot and Customer will mutually agree in each relevant Work Statement
  on a schedule for the development of any Custom Software. GovPilot shall exercise commercially
  reasonable  efforts,  and  will  commit  and  utilize  sufficient  resources  and  personnel  as  it deems
  necessary, to complete development and delivery of the Custom Software,  as contemplated  in
  Sections 7.1 and 7.3, in accordance with the applicable Work Statement.

  GovPilot Master Services Agreement — version 1.2 - Page 11