Laserfiche WebLink
<br />UNDER TIllS CONTRACT AS OF TIIE DATE OF <br />ANY SUCH WARRANTY CLAIM. <br /> <br />8.0 CONTRACT ADDmONS <br /> <br />In the event Customer purchases additional software during <br />the term of this Contract, Intergraph will notifY the Customer <br />by submitting, in writing, a Quote to this Contract reflecting <br />the additional items, effective date( s) of service, and charges <br />for those items under the Terms and Conditions of this <br />Contract. <br /> <br />Unless Intergraph receives written notification declining <br />service from Customer within thirty (30) days of the date of <br />the Quote as described above, support services and the <br />appropriate monthly charges will begin on the effective date <br />as shown on the Contract Quote. <br /> <br />Customer shall purchase maintenance coverage on all <br />software license additions to a site obtained via intra- <br />company transfer of the software license. Contract <br />additions by intra-company software license transfer <br />shall be in accordance with the current Software <br />Transfer Policy. <br /> <br />Maintenance cannot be declined for individual <br />software licenses that have been installed multiple <br />times at one site or for software licenses, which are <br />being used interdependently from one site. <br /> <br />9.0 CHARGES <br /> <br />Contracts totaling $12.000 or less on an annnal basis: <br /> <br />Annual charges are due and payable in full on the first day of <br />the Contract. The Contract shall begin on the first day of the <br />month. A full month's maintenance charge will be invoiced <br />for any partial month's utilization. Services on products <br />added to this Contract for any period of time less than one (I) <br />year shall be due and payable in full on the date that the <br />product is added to the Contract. <br /> <br />Payments that are not received thirty (30) days from date of <br />invoice are subject to interest accrued at one and one-half <br />percent (1 v,%) permonth or the maximum allowed by law. <br /> <br />Contracts totaling in excess of$12.ooo on an annual basis: <br /> <br />Monthly charges, the first of which is due and payable on the <br />first day of the month in which the Contract begins, shall be <br />invoiced in arrears. A full month's maintenance charge will <br />be invoiced for any partial month's utilization. Each <br />subsequent monthly payment will be due on the first day of <br />each month. <br /> <br />Payments that are not received thirty (30) days from date of <br />invoice are subject to interest accrued at one and one-half <br />percent (1 v,%) per month or the maximum allowed by law. <br /> <br />Maintenance services are non-discountable. <br /> <br />10.0 TAXES <br /> <br />All maintenance charges are exclusive of, and <br />Customer shall be liable for, and shall indemnify and <br />hold Intergraph harmless from and against, any and all <br />United States and/or any other country's federal, state, <br />municipal, or other governmental, withholding, excise, <br />sales, use, value added or other taxes, tariffs, custom <br />duties and importing fees (''Taxes''). Taxes shall <br />expressly exclude any United States (i) federal, (ii) <br />state, (iii) municipal, (iv) or other governmental income <br />taxes, franchise taxes, business license fees and other <br />like taxes measured by Intergraph's income, capital <br />and/or assets. The total invoice amount for <br />maintenance charges is subject to increase by the <br />amount of any Taxes which Intergraph is required to <br />withhold, collect, or pay so that Intergraph receives the <br />full amount of the maintenance charges. Any <br />certificate to exempt this Agreement from tax liability <br />or other documentary evidence of statutory exemption <br />shall be obtained by Customer at Customer's expense. <br /> <br />11.0 NOTICES <br /> <br />All written notices required by either party under this <br />Conttact shall be deemed to have been given on the date <br />such notice is mailed to the other party. <br /> <br />12.0 EXCLUDED SERVICES <br /> <br />Services provided by Intergraph that are outside the scope of <br />and/or specifically excluded from this Contract will be <br />invoiced at then prevailing per-aill rates (portal to portal). <br /> <br />Support services are limited to specific products as shown on <br />the Quote/Contract, functioning on the appropriate <br />Intergraph supported operating system. Software support for <br />the following are outside the scope of this Contract and may <br />be available under separate Contract at an additional charge: <br /> <br />(a) System installation (hardware/software platfonns) <br />(b) Network configuration support for third party products <br />not sold to the Customer by Intergraph <br />(e) System-level tuning and optimization <br />(d) Programming development <br />(e) Customization <br /> <br />Software Support provided by Intergraph under this Contract <br />shall not include support calls that are necessary due to <br /> <br />3 <br />