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25F - COMPUTER SOFTWARE MAINTENANCE
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25F - COMPUTER SOFTWARE MAINTENANCE
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Last modified
1/3/2012 4:11:01 PM
Creation date
2/24/2010 2:46:49 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
3/1/2010
Destruction Year
2015
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i <br /> GENERAL TERMS AND CONDITIONS <br /> The following general terms and conditions apply to all maintenance Services provided by Intergraph, <br /> except as otherwise modified in an applicable Exhibitor by subsequent Addendum signed by Intergraph <br /> and the Customer, or unless Customer and Intergraph enter into a separate agreement that provides for <br /> maintenance services. In case of conflict between any of the parts of the Terms and Conditions, the <br /> order of precedence shall be.as follows: 1 }any Addenda executed by the Customer and Intergraph, <br /> with the lotest Addendum taking precedence over any earlier Addenda in which a conflict may appear; <br /> 2} any applicable Exhibits, as pertains to the subject thereof; and 3} the general terms and conditions. <br /> 1 A DEFtNRIONS <br /> i <br /> 1.1 "AgreemeM~" means the agreement between Customer and Intergraph that ~ created by Customer E <br /> accepting the Quote which references and is subjec# to the Terms and Condrtions. The Customer-accepted Quote <br /> and the Terms and Condtions make up fhe Agreement between Customer and Intergraph. <br /> 1.2 "Coverage Period" means the Agreement period of performance as designated in fhe Quotes}. <br /> 1.3 "Covered Products" means the hardware and/or software products fisted on the Quote for wh'~ch Services <br /> are to be provided by Intergraph. Covered Products shall also include additional copies of a software product that <br /> are akeady covered by the Agreement and that are purchased or otherw~e obtained by Customer during the <br /> Coverage Period. Coved Products may include products of Securify, Government 8, Infrastructure, as well as Third <br /> Party Products, as defined below. <br /> f <br /> 1.4 "Customer" means the entity or person purchasing maintenance services. <br /> 1.5 "Designated Hardware" means hardware designated by Intergraph as elic,~'ble for cancellation with ninety <br /> {90) days notice. <br /> 1.6 "DMC" means Digital Mapping Camera F <br /> 1.7 "Ir~ergraph" means the Security, Government & Infrastucture SSG&IJ d'n%+sion of Intergraph Corporation. <br /> 1.8 "Quote" means a quotation for Services submitted to Customer by Intergraph. A Quote may be the <br /> quotation issued by the Customer Services Center, but may also be the maintenance quotation submitted fo <br /> Customer along with a product quotation at time of purchase. <br /> 1.9 "Scope of Worts" means the speafic maintenance services contracted by Customer and to be performed. by <br /> Intergraph, as despibed inapplicable Exhibits attached hereto. <br /> 1.10 "Servkes" means the maintenance services for Covered Products that are further described in the Scope of <br /> Work. <br /> 1.11 "Terms and CondRtons" means these terms and conditions, indudin an Addenda and a i <br /> g y pplicable Exhibits. <br /> that together with the Quote accepted by Customer comprise the Agreement between Customer and Intergraph <br /> for the ServicPS. ; <br /> E <br /> 1.12 "Thl~d Party Products" means the hardware a software products of any division of Intergraph Corporation <br /> <br /> .other than Security, Government ~ Infrastructure and/or of an entity other than lntergroph Corporation. , <br /> 1.]3 "Upgrade(s)" means the subsequent releases of applicable software products covered under the <br /> .Agreement. <br /> 2.0 AUTHORIZATION AND PERFORMANCE <br /> 2.i Ir~iating Services <br /> By accepting the Quote issued by Intergraph and paying all d~ca-ges fisted in the Quote, Customer thereby author¢es <br /> Intergraph to provide the Services far Covered Products during fhe Coverage Period specified on the Quote, and <br /> 25F-10 <br /> <br />
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