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25F - COMPUTER SOFTWARE MAINTENANCE
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03/01/2010
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25F - COMPUTER SOFTWARE MAINTENANCE
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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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amounts not received when due. The start of the Coverage Period shall not be postponed due to delayed payment <br /> of any charges. <br /> 6.3 Reinstatement of Software Maintenance Coverage <br /> Software reinstatement fees wil! apply if there is a lapse in software maintenance Services. Intergraph will <br /> provide a Quote for reinstatement of maintenance upon request. <br /> 6.4 Reinstatement of Hardware Maintenance Coverage <br /> Intergraph may charge a recertification fee for reinstating coverage for hardware where coverage has ' <br /> lapsed. Recertification of hardware will require inspection and possible refurbishment of the hardware at <br /> Customer's expense prior to being eligible for addition to an Intergraph maintenance contract. - <br /> 7.0 CUSTOMER RESPONSIBILITIES <br /> During the Coverage Period of the Agreement, Customer shall commit to the fdlowing: <br /> (a) Customer is respon~ble for backing up all systems software, applications, and user data flies prior to 1 <br /> commencement of any repair services. ' <br /> (b} Customer warrants that for all software licenses supported under the Agreement, all rke software licenses in the <br /> possession of the Customer and located at the s'rfe referenced on the Quote are I~ted on the Quote. If alt like <br /> software licenses are not I'~sted on the Quote, Customer agrees to notify Intergraph so that Intergraph may issue a <br /> revved Quote to the Customer. Customer also warrants that all prerequ~ite Intergraph software licenses <br /> necessary to operate the software supported under the Agreement are fisted on the Quote. <br /> (c) Customer warrants that Services provided herein shall be utT¢ed only for the quantity of licenses I~ted on the <br /> Quote. I <br /> E <br /> 8.0 SERVICES WARRANTIES AND LIMITATION OF LIABILITY <br /> Product warranties are as provided in the Security, Government 8, Infrastructure Terms and Conditions of Sale, the <br /> :End-User License Agreement and Limited Product Warranty far Intergraph Corporation Software Product(s) and/or i <br /> other Software license Agreement provided with the Covered Products, and/or in other contractual documents, as = <br /> applicable. The following warranties apply to the Services described in these Terms and Conditions, <br /> 8.1 warranties <br /> INTERGRAPH WARRANTS FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF SERVICE THAT, UNDER NORMAL USE, <br /> :MATERIALS AND SPARES PROVIDED PURSUANT TO THIS AGREEMENT FOR SECURITY, GOVERNMENT & INFRASTRUCTURE <br /> HARDWARE SHALL BE FREE FROM DEFECT IN MATERIAL AND WORKMANSHIP. ANY SPARES OR MATERIALS PROVIDED <br /> PURSUANT TO TH1S AGREEMENT FOR SERVICE OF THIRD PARTY HARDWARE ITEMS SHAL4 ONLY BE WARRANTED TO THE <br /> EXTENT THE SPARES OR MATERIALS ARE WARRANTED BY THE THIRD PARTY HARDWARE MANUFACTURER. <br /> f <br /> INTERGRAPH DOES NOT WARRANT THAT THE SOFTWARE UPDATES OR MAINTENANCE SERVICES PROVIDED HEREUNDER <br /> :WILL MEET CUSTOMER'S REQUIREMENTS, AND UNDER NO CIRCUMSTANCES DOES INTERGRAPH WARRANT THAT <br /> SOFTWARE WILL OPERATE UNINTERRUPTED OR ERROR FREE. ANY ADDITIONAL WARRANTY OF THIRD PARTY SOFTWARE <br /> ITEMS SHALL ONLY BE TO THE EXTENT THE ITEMS ARE WARRANTED BY THE THIRD PARTY SOFTWARE MANUFACTURER. r <br /> 8.2 Disclaimers <br /> THE FOREGOING WARRANTIES ARE VOID IF FAILURE OF A WARRANTED REM RESULTS DIRECTLY, OR !NDlRECTLY, FROM i <br /> AN UNAUTHORQED MODIFICATION OF A WARRANTED ITEM; AN UNAUTHORQED ATTEMPT TO REPAIR A WARRANTED <br /> ITEM; OR MISUSE OF A WARRANTED REM, INCLUDING WITHOUT LIMRATION, USE OF WARRANTED ITEM UNDER <br /> <br /> ABNORMAL OPERATING CONDITIONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED REllh. <br /> 25F-13 <br /> <br />
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