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7.3.5 Problems in the TriTech Software are caused by one or more computer
<br />viruses that have not been introduced into Client's system by TriTech. Client shall maintain up to
<br />date virus checking software and shall check all software received from TriTech or any other
<br />person or entity for viruses before introducing that software into any part of the CAD System. If
<br />desired by Client, TriTech will provide Updates on media rather than direct downloading to
<br />facilitate this virus checking. If, despite such check, a virus is introduced by TriTech, TriTech
<br />will provide a virus -free copy of the TriTech Software, and will, at its expense, reload said
<br />software (but not Client's data) on Client's Equipment. Client shall be responsible for reloading
<br />its data and, to that end, shall practice reasonable back-up procedures for the CAD system.
<br />7.3.6 Problems in the TriTech Software are caused by Subcontractor Software
<br />or System Software, including but not limited to operating system software.
<br />7.3.7 Problems in the TriTech Software are caused by lack of Year 2000
<br />Compliance of hardware, firmware, software, data or other facilities manufactured, developed
<br />and/or otherwise provided by Client or third parties, including but not limited to Equipment,
<br />Subcontractor Software or Hardware, or System Software.
<br />7.3.8 Problems in the TriTech Software are caused by Equipment or software
<br />provided by Client or third parties with which the TriTech Software interfaces or operates
<br />(including but not limited to Subcontractor Software or Hardware or System Software),
<br />including but not limited to problems caused by changes in such Equipment or software.
<br />7.4 If, at any time after installation of the System, Client desires to load on a
<br />Workstation any software not provided by TriTech, it shall, before loading such software, follow
<br />the procedures in the then current Client Support Services Manual, and contact the TriTech
<br />Technical Services Department at the telephone numbers listed in Addendum B for assistance as
<br />required. Such action shall not constitute approval, express or implied, for the loading of
<br />specific software on a Workstation, nor any express or implied warranty, representation or
<br />other obligation by TriTech with respect to such software, including but not limited to its
<br />suitability, operability or capability to meet Client's needs or expectations. Client agrees
<br />that if the loading of such third party software degrades the performance of the System, Client
<br />shall immediately uninstall such software. Client shall absolve, discharge and release TriTech
<br />from any obligations or liabilities related to operation or performance of the System, the TriTech
<br />Software, Subcontractor Software, or any other item provided by TriTech under this Agreement,
<br />including but not limited to any liabilities for damages related thereto in connection with the
<br />installation of such third party software.
<br />7.5 TriTech Software Support under this Agreement, or any renewal or extension
<br />thereof, shall not include design, engineering, programming, testing, implementation or other
<br />services rendered necessary by changes in Subcontractor Software, System Software or
<br />Equipment, or in any other hardware, firmware or software provided by third parties or Client
<br />("Third Party Changes"). Any such services shall be subject to additional charges by TriTech
<br />and the mutual agreement of the parties as to the terms and conditions under which such services
<br />are rendered. Absent such agreement, TriTech shall be under no obligation, express or implied,
<br />with respect to such Third Party Changes.
<br />Santa Ana Fire Department Software Support Agreement
<br />V.5 3/08 Copyright © 2008 TriTech Software Systems — Confidential & Proprietary
<br />Unpublished: Rights reserved under the copyright laws of the United States
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