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25I - AGMT - MAINTENANCE AND SUPPORT ONLINE REPORTING SYS
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25I - AGMT - MAINTENANCE AND SUPPORT ONLINE REPORTING SYS
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6/14/2012 10:42:04 AM
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6/14/2012 10:40:40 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25I
Date
6/18/2012
Destruction Year
2017
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errors or unauthorized changes, Customer's hardware, or conflicts with other software not <br />identified by Company as compatible or part of the recommended operating environment may be <br />subject to billing at Company's current standard time and material charges. The Customer will be <br />responsible for properly testing and applying routine virus updates and security patches without the <br />need for additional Company's notification. Company will be responsible for testing Company's <br />software updates prior to making them available to the Customer. The Customer acknowledges <br />responsibility for testing Company's software updates before applying them to the Customer's <br />production systems. For servers running Company's software, the Customer acknowledges <br />responsibility for communicating with Company prior to installation of non- Company's software <br />service packs, implementation of new releases or versions of non- Company's software, or <br />installation of new non- Company's software products. Except for emergency replacement of a <br />failing server, the Customer acknowledges responsibility for communicating with Company prior <br />to replacing a server on which Company's software is being used. Company is not responsible for <br />changes if related to or caused by software not provided by Company. For workstations running <br />Company's software, the Customer acknowledges responsibility to test new workstation <br />configurations, software service packs, new releases or versions of software, and new software <br />products prior to implementation. <br />5. Limitations. Company may, in its sole discretion, limit or suspend Customer's access to support, <br />pursuant to this Subscription and Support Agreement, where (1) Customer is in material default <br />under the terms of this Subscription and Support Agreement (non-payment is deemed to be a <br />material default), or (2) Customer fails to provide adequately trained staff to administer the <br />Software. Prior to limiting or suspending support, Company will give the Customer 45 days <br />written notice of its intention to do so and actively participate with the Customer to remedy any <br />such default or failure. <br />6. Term. This Subscription and Support Agreement commences at the earlier of 1) the "go-live" date <br />of the Software or 2) September 1, 2012, and expires one year after its commencement date. <br />Within thirty (30) days prior to its expiration, Company shall send to the Customer an invoice for <br />an annual "Subscription, Support and Maintenance Fee". The sending of any such invoice will <br />constitute an irrevocable offer to extend the Subscription and Support Agreement for the period <br />and fees set forth in the invoice, which may be accepted by the Customer in its sole discretion as <br />hereinafter set forth. Termination of the Subscription and Support Agreement prior to its <br />expiration shall not result in the refund of partial service fees. <br />The Customer's payment of an annual Subscription, Support and Maintenance Fee in response to <br />an invoice prior to the expiration date of the Subscription and Support and Agreement, or within <br />forty-five (45) days after the date of Company's invoice, whichever is later, will extend the <br />Subscription, Maintenance and Support Period for the period of one year from its previous <br />expiration date, or for the period set forth in the invoice if different. <br />7. Adjustments to Terms and Conditions. Company may change the Annual Subscription, Support <br />and Maintenance Fee and the terms and conditions of this Subscription and Support Agreement <br />provided that written notice is given to the Customer thirty (30) days prior to the expiration of the <br />current term. <br />Coplogic - DORS Software Subscription, Support and Maintenance Agreement <br />2 <br />251-4
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