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THE LIBRARY CORPORATION (3)
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THE LIBRARY CORPORATION (3)
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Last modified
8/8/2024 12:02:49 PM
Creation date
10/26/2023 11:13:46 AM
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Contracts
Company Name
THE LIBRARY CORPORATION
Contract #
A-2023-174
Agency
Library
Council Approval Date
10/17/2023
Expiration Date
6/30/2023
Insurance Exp Date
5/8/2025
Destruction Year
2028
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The Library Corporation <br />any other party not involved in the performance of this Agreement, and shall return submitted records to the <br />Library upon completion of the work hereunder. <br />The Library shall have the right, without the consent of The Library Corporation to extract such data in <br />industry -standard formats, using The Library Corporation's Software and at no cost to the Library. The <br />Library acknowledges that the methods of storage, compilation, format, and layout constitute proprietary <br />and trade secret information of The Library Corporation and are protected by federal copyright law. The <br />Library Corporation agrees to assist the Library within thirty (30) days of such request, in making such <br />extracts. <br />10. Protection and Security. All Licensed Software Materials, including, but not limited to Documentation, <br />contain proprietary information, use of which is limited by the licenses granted in this Agreement. The <br />Library will not disclose or otherwise make available any Software Materials in any form to any third <br />party except to the Library's employees, or to agents directly concerned with licensed use of the <br />program. <br />11. Warranty. <br />11.1. The Library Corporation warrants that The Library Corporation has the right to license the <br />Software listed in Schedule E, Software, and to grant sub -license to the Sub -Licensed Software as <br />defined in Section 1.13. The Licensed Software will perform the functions set out in the <br />Documentation. Thereafter The Library Corporation will provide program service and <br />maintenance as described in Schedule H, Part 2, Software Support. <br />11.2. The Library Corporation does not warrant that the operation of the Licensed Software will be <br />uninterrupted or Error -free or that all program defects will be corrected. <br />11.3. The Library Corporation agrees, however, to make its best efforts to correct all reproducible <br />material Errors in programming and discrepancies between the Documentation and the actual <br />Software performance. The Library Corporation further agrees to make its best efforts to correct <br />any Hardware or Software problems that result in total System "downtime". <br />11.4. The Library Corporation warrants that the Library shall acquire good and clear title to the Hardware <br />purchased hereunder, free and clear of all liens, claims, or encumbrances from a third party. Title <br />to the Hardware purchased from The Library Corporation by the Library shall pass from The <br />Library Corporation to the Library upon payment of the final balance due, as outlined under <br />Schedule H, Payment Schedule. <br />11.5. Hardware purchased under this Agreement will be newly manufactured. <br />11.6. The above warranties will apply as long as the Library has maintained Hardware Maintenance as <br />provided by Schedule D and Software Support as provided by Schedule E or during the time of <br />Hosted Services. <br />12. Software Support and Maintenance. <br />12.1. Telephone support and Licensed Software Updates will be provided as part of the annual Software <br />support service fee, as provided for in Schedule H of this Agreement. The initial cost of the <br />Software includes first -year Software support. Payment of the annual Software support fee entitles <br />the Licensee to continued use of the Software. <br />
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