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InCustody Core & InCustody Plus+ JMS <br /> WARRANTY & SUPPORT & MAINTENANCE <br />1 | P a g e C O N F I D E N T I A L / P R O P R I E T A R Y Updated 1JUN2021 <br />WARRANTY <br />ATIMS represents, warrants and agrees that the Services do not contain and Agency will not <br />receive from ATIMS any virus, worm, trap door, back door, timer, clock, counter or other limiting <br />routine, instruction or design, or other malicious, illicit or similar unrequested code, including <br />surveillance software or routines which may, or is designed to, permit access by any person, or <br />on its own, to erase, or otherwise harm or modify any Agency system or Data <br />ATIMS represents, warrants and agrees that ATIMS has all Intellectual Property Rights necessary <br />to provide the Services to Agency in accordance with the terms of this Agreement; ATIMS is the <br />sole owner or is a valid licensee of all software, text, pictures, audio, video, logos and copy that <br />provides the foundation for provision of the Services, and has secured all necessary licenses, <br />consents, and authorizations with respect to the use of these underlying elements; the Services <br />do not and shall not infringe upon any patent, copyright, trademark or other proprietary right or <br />violate any trade secret or other contractual right of any Third Party; and there is currently no <br />actual or threatened suit against ATIMS by any Third Party based on an alleged violation of such <br />right. <br />SUPPORT & MAINTENANCE <br />ATIMS’ Support and Maintenance for the JMS implementation will commence at Go Live and be <br />in effect for the duration of the contract. <br />ATIMS’ Software Support and Maintenance provides customers with fixes, upgrades and updates <br />to licensed software released during the maintenance period. Additional fees may be charged for <br />upgrades that exceed more than one major or minor version of the software annually. <br />Additionally, ATIMS’ annual Software Support and Maintenance may include an allotted number <br />of hours (value) towards training, and customized form, report and interface development. The <br />value of a service category description can be used towards another category in that year’s <br />allotment, as long as the total cost does not exceed the allowable amount as shown (with the <br />different hourly cost/value). If unused, this value can be carried forward up to two years at which <br />time it expires. Hours are added in at the contract anniversary. <br />ATIMS software maintenance and support includes the following services as part of the Annual <br />Maintenance and Support Contract: <br />•Remote Troubleshooting and Support provided by Support Desk staff via the <br />telephone and online channels <br />•Basic Installation Assistance & Usability Assistance by Support Desk staff <br />Exhibit A