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ACTIVE NETWORK, THE 5-2015
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ACTIVE NETWORK, THE 5-2015
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Last modified
3/25/2020 8:17:34 AM
Creation date
6/15/2015 10:40:36 AM
Metadata
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Template:
Contracts
Company Name
ACTIVE NETWORK, THE
Contract #
N-2015-097
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Expiration Date
11/30/2015
Insurance Exp Date
6/1/2017
Destruction Year
2020
Notes
was unable to find physical copy
Document Relationships
ACTIVE NETWORK (2) -2016
(Amended By)
Path:
\Contracts / Agreements\A
ACTIVE NETWORK, THE-2015
(Amends)
Path:
\Contracts / Agreements\A
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(li) in respect of each Payment Server Module, such <br />Modules may be in Concurrent Use not to exceed the <br />number of licenses granted to Client for Point of Sale <br />Modules as set out in the applicable Schedule. <br />(c) Server -based On -line (Internet) Modules. In respect of <br />each Server -based On -line (Internet) Module, Client may: <br />(I) install one copy of each Module on one Internet <br />server, provided that the number of copies of the <br />Module in use does not exceed the number of <br />licenses granted to Client therefor as set out in the <br />applicable Schedule; and <br />(II) subject to Section 18(d), permit Users to access and <br />use such Modules to access the Database Server via <br />Internet Clients connecting via a licensed Internet <br />Server, and all such Modules together may be in <br />Concurrent Use not to exceed the number of licenses <br />granted to Client for Online Client Access Modules <br />as set out in the applicable Schedule multiplied by <br />twenty -five (25). <br />(d) Cumulative Workstation -based Modules. In respect of <br />each Cumulative Workstation -based Module, Client may: <br />(1) install one copy of each Module on a single <br />Workstation for each license granted to Client <br />therefor as set out in the applicable Schedule; and <br />(ii) permit Users using such licensed Workstation(s) to <br />use such Module(s) provided, for greater certainty, <br />that the Modules may be in Concurrent Use not to <br />exceed the number of licenses granted to Client <br />therefor as set out in the applicable Schedule. <br />(e) Client hereby acknowledges that the mechanism utilized <br />by the Licensed Software to control the number of Users or <br />Online Client Access which can simultaneously access and <br />use Server -based On -line (Internet) Modules is based upon the <br />number of Users who have at any time logged into Client's <br />computer network using their passwords, such that any User <br />so logged into such network in a manner that would <br />automatically enable the User to access and use such Modules <br />will reduce by one the number of Users able to simultaneously <br />access those Modules, regardless of whether or not such User <br />is in fact accessing or using any such Module. Client hereby <br />waives any claim, and releases Active from any such claim <br />and from any losses or damages Client suffers in relation <br />thereto, in connection with the inability of Users to <br />simultaneously access such Modules where such inability is <br />the result of inactive logged -in Users absorbing available login <br />access. <br />18.2 Additional Copies. Client will not make any copies of <br />the Licensed Software except as necessary for the installation <br />permitted hereby and except for: <br />(a) copies of each Module licensed hereunder for training <br />and testing purposes, and <br />Last revised October 4, 2013 <br />(r <br />(b) for backup purposes, provided that all electronic copies <br />made include screen displays of Active's proprietary or <br />intellectual property notices as recorded on the original copy <br />provided by Active and Client affixes a label to each disk, <br />reel, or other housing for the medium on which each physical <br />copy is recorded setting out the same proprietary and <br />intellectual property notices as appear on the unit of Licensed <br />Software from which the copy is made in the same manner as <br />those notices appear on that original copy. <br />19. LICENSED SOFTWARE FEES <br />19.1 In respect of each Module, Client shall pay to Active all <br />applicable Licensed Software fees listed in the applicable <br />Schedule upon delivery (as defined in Section 2.3) of the <br />Licensed Software, <br />20. MAINTENANCE SERVICES AND LIMITED <br />WARRANTY <br />20.1 Active will develop new Releases and new Versions of <br />Licensed Software in accordance with the procedures and <br />other particulars set out in the Support and Maintenance <br />Handbook attached as Exhibit B. <br />20.2 Provided that Client continues to subscribe for Support <br />and Maintenance in respect of a particular Licensed Software <br />Product, Active will provide to Client, either in physical form <br />by mail or courier or in electronic form via the Internet, new <br />Releases and Versions (and appropriate documentation) for <br />such Licensed Software Products on a when- and -if- available <br />basis, <br />20.3 Limited Warranty of Software. Active warrants that <br />when utilized by Client in a manner authorized hereunder, the <br />Licensed Software will conform to the functional <br />specifications set out in the user documentation accompanying <br />the Software for ninety (90) days from delivery of the <br />Licensed Software ( "Warranty Period "). Active's sole <br />obligation and liability hereunder with respect to any failure to <br />so perform will be to use reasonable efforts to remedy any <br />non - conformity which is reported to Active in writing by <br />Client within that Warranty Period. In the event Active is <br />unable to remedy such non - conformity within a reasonable <br />time using reasonable efforts, Active may refund to Client the <br />license fee pertaining to the Licensed Software, subject to <br />Client's return of the Licensed Software, and this Agreement <br />will be automatically terminated. All warranty service will be <br />performed at service locations designated by Active. This <br />limited warranty is void if failure of the Licensed Software has <br />resulted from accident, abuse or misapplication. Any <br />replacement Licensed Software will be warranted for the <br />remainder of the original warranty period or thirty (30) days, <br />whichever is longer. <br />21. EXCLUDED SUPPLIES AND SERVICES <br />Without limitation, the following supplies and services are <br />excluded from Support and Maintenance: <br />
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