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INTERGRAPH 8 -2010
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INTERGRAPH 8 -2010
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Last modified
1/3/2012 2:50:11 PM
Creation date
5/7/2010 4:46:32 PM
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Contracts
Company Name
INTERGRAPH
Contract #
A-2010-041
Agency
Public Works
Council Approval Date
3/1/2010
Expiration Date
4/30/2011
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<br />amounts not received when due. The start of the Coverage Period shall not be postponed due to delayed payment <br />of any charges. <br /> <br />6.3 Reinstatement of Software Maintenance Coverage <br /> <br />Software reinstatement fees will apply if there Is a lapse in software maintenance Services. Intergraph will <br />'provide a Quote for reinstatement of maintenance upon request. ' <br /> <br />6.4 Reinstatement of Hardware Maintenance Coverage <br /> <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 th'e hardware at <br />Customer's expense prior to being eligible for addition to an Intergraph maintenance contract. <br /> <br />7.0 CUSTOMER RESPONSIBlunES <br /> <br />During the Coverage Period of the Agreement Customer shall commit to the following: <br />(a) Customer Is responsible for backing up all systems software, applications, and user data flies prior to <br />commencement of any repair services. ' <br />(b) CUStomer warrants that for all soffvvare licenses supported under the Agreement all like software licenses in the <br />possession of the Customer and located at the site referenced on the Quote are listed on the Quote. If all like <br />software licenses are not listed on the Quote, Customer agrees to notify Intergraph so that Intergraph may issue a <br />revised Quote to the Customer. Customer also warrants that all prerequisite Intergraph software licenses <br />necessary to operate the software supported under the Agreement are Hsted on the Quote. <br />(e) Customer warrants that Services provided herein shall be utntzed only for the quantity of licenses listed on the <br />Quote. <br /> <br />8.0 SERVICES WARRANUES AND UMITATlON OF UABIUTY <br /> <br />Product warranties are as provided in the Security. Government & Infrastructure Terms and Conditions of Sale. the <br />'End-User Ucense Agreement and Umited Product Warranty for Intergraph Corporation Software Product(s) and/or <br />'other Software Ucense Agreement provided with the Covered Products, and/or in other contractual documents, as <br />,opp/icable. The foUowing warranties apply to the Services described in these Terms and Conditions. <br /> <br />8.1 WOII'anIfes <br /> <br />INTERGRAPH WARRANlS 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 THIS AGREEMENT FOR SERVICE OF THIRD PARTY HARDWARE ITfMS SHALL ONLY BE WARRANTED TO THE <br />EXTENT THE SPARES OR MATERIALS ARE WARRANtED BY THE THIRD PARTY HARDWARE MANUFACTURER. <br /> <br />INTERGRAPH DOES NOT WARRANT THAT THE SOFTWARE UPDATES OR MAINTENANCE SERVICES PROVIDED HEREUNDER <br />WILL MEET CUSTOMER'S REQUIREMENTS, AND UNDI!R 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. <br /> <br />8.2 DIs~lainers <br /> <br />THE FOREGOING WARRANDES ARE VOID IF FAILURE OF A WARRANTED ITEM RESULlS DIRECTLY, OR INDIRECTLY, FROM <br />AN UNAUTHORIZED MODIF'CADON OF A WARRANTED ITEM; AN UNAUTHORIZED ATTEMPr TO REPAIR A WARRANTED <br />,'ITEM; OR MISUSE OF A WARRANTED ITEM, INCLUDING WITHOUT UMITATlON,USE OF WARRANTeD ITEM UNDER <br />ABNORMAL OPERATING CONDlnONS OR WITHOUT ROUTINELY MAINTAINING A WARRANTED ITEM. <br />
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