ABBEY GROUP - 2016 - Laserfiche WebLink

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include the developer's notes. In an event whereby City is granted access to the source code held in escrow, City will not be assessed any additional license fees for the use of the Source Code. Ongoing maintenance of the escrow deposit account will be provided as long as the City continues maintenance support in accordance with the terms of the then-current Support Agreement between Abbey Group Consultants and the City (see Section 3.1 hereof). The City may exercise its rights with respect to Application source code held in escrow for the sole purpose of maintaining and updating the System to avoid cessation of service or loss to the City. Under no circumstances shall the City be authorized to use such software or license others to use the same for any purpose other than the internal needs of the City. To protect Abbey Group's proprietary rights in the Source Code, City shall never post it on a network server nor transmit copy of it. Abbey Group shall not be obliged to update source code after the City shall have taken it from escrow. As used in the National Software Escrow, Inc. Master Escrow Agreement, "Release Condition" shall mean the existence of any one or more of the following circumstances: a. Abbey Group Consultants is unable to correct any Operational Defect (as such term is defined in the License Agreement) in the Program which prevents it from functioning in accordance with the applicable specifications, documentation, performance criteria and other warranties and descriptions provided in the License Agreement within sixty days after the SOFTWARE BENEFICIARY has notified Abbey Group Consultants of such failure, specifying in reasonable detail the respects in which the program fails to perform. b. Abbey Group Consultants is unable to Primary Agreement Page 40