|
APPLICATION HOSTING AND SOFTWARE LICENSE AGREEMENT
<br />Yard] Systems, Inc., a California corpora [Ian headquartered at 430 South Felrvlaw Avonue, Scipio, CA 99111 C'YnrdP), and
<br />Housing Authority Of the City of Santa Ana ("Client")
<br />PC Box 22000
<br />Santa Ana, CA 92702
<br />enter Into this agreement Including any schedules, exhibit$ or star attachmema Hide "Agreement") effective as of the Effective [)ate
<br />[nodded In section I (doom lons), belowj,
<br />RECITAL
<br />Yardi has developed certain real property and asset management application suttwaro forum Incon)unction win) an as -
<br />Boom ed database, Clionf dealrea to license certain Yartll softwere via access to 0designated Site Ide0ned In section I (defInfilons),
<br />baiawj pursuant to this Agreement's terms,
<br />In consideration of their respaoUve rights add obligations -as sot forth in U9s Agreement, the current agree as follows:
<br />AGPERMENT
<br />a. 'Anniversary Date' moons the data that ls3S6daya
<br />after rho: Initletion Dale, and each anniversary thereafter or
<br />the date that is SBS days After the radiation Veto, doing this
<br />Agrsomenra Term,
<br />It. 'Business Purposes' means management Of
<br />Client's real property porrieth, for. accounting, property, man
<br />agement and related business purposes.
<br />c. "Client Data, means the data that Client's De$ignab
<br />ad Users transmit t u Ivor enter Into the database associated.
<br />wlUt the Licensed Programs In connection with their Use of
<br />the Licensed -Programs pursuant Io) this Agreement,
<br />d. "Cifrix DaolgnatoAl Usor" means a Designetad tisar
<br />utilizing Cildx products to access the Site, Licensed Pm"
<br />grams, and/or Client Date for admintarrtHWo purposes,
<br />a, "Deliverable" moans any deliverable or Intellectual
<br />property delivered to Client as ph of Ptagesuf ing Banjoes
<br />jdellned in section 14 (Programming Servloas)j or other
<br />aarvico$ Provided pursuant to into Agreement,.
<br />I. "Designated User" means a Client employee or
<br />contractor designated by Client to aaoons the. Site and Use
<br />the Licensed Programs for Business Purposes,
<br />g."6ffobtivoDale°maansAuguat1,20ug,
<br />It. "Pons" moons the fees Ideniffed In Schedule A, and
<br />any other fees that may become due under this Agreament,
<br />the Effective pate,
<br />1, "Ucmisod Programa" moons the software programs
<br />IdenWied. in Schedule A,
<br />M, 'Licensed Programa Ddaumalttetlan" manna the
<br />user manuals and documentation for the Licensed Pro,
<br />grams,
<br />n, "Password" means the unique user name and
<br />Password assigned by Client to cool, Designated User as
<br />more fully described In saeilan 6 (Users and Passwords).
<br />o, "POW means the porson($) Client ldenfitoo to Yard
<br />ss Faints of cement ibe apPiluailon support services and
<br />other account management purposes,.
<br />p, "Sita" means Yardi'ssite on the tribunal at which
<br />Yartll host$ the Licensed Programs And Client Dols,
<br />q, 'Software Error" means repmauolbie failure of the
<br />Licensed Programa to maternally perform as spociflad In Nie
<br />Licensed Programa Documentation.
<br />r, "Undisputed Fess° means all F'ee$ due Rom Client
<br />under this Agresment which Client does 'lot rnasonably and
<br />In good faith dlspule - and provide notice of such dispute in
<br />sccord with section Wit) (Notices) - within ao days of in.
<br />vefda.
<br />a, "Use" muscle authorized access to the Site and use
<br />of the Licensed Programa and Licensed Programs. Dc,nu.
<br />1, "Porao Majoure Event" means Any event beyond the Busfi esa Purposea:Clienfs ges(grsatod Idssrs. $tt ofy for CNones
<br />reasonable control of the. poorly affected by such event, in.
<br />cluding without limitation Ore, storm, weather, earthqualta, 2, ! toonso Creat• RgeNlotlnss'-A gtt(Sg jp;;¢llg,
<br />uxploslon, casualty, strike, war, dot, civil disturbance, act of a.. Lioshsos. Yardl grants to Client a dolYoxniusivo,
<br />God, auto or emission of arty third party„ any state ornatlartal non-Irensfarahl'o (except as expressly provided in 0,10
<br />lave, deems or ordinance, or any execullvo or judicial order, Agroomorth. limited ilaense for Client's Designated Users to
<br />which event pauses a party to delay or fall to perform Linder access the Site and Use the Licensed Programs and LI -
<br />this Agreement. nensedPrograms Documentation (which. Yardi shot[ provide
<br />GI aiectronloformat) far Client's Business Purposes.
<br />J. "Imago Storage+` moans Client Data fila storage an
<br />file Servers separate from the database server used to serve b. Restrictions. Client may only exercise the license
<br />ClAnt pats. granted In $action 2(a) (Lleanses) throogh its Designated
<br />Users, Client may not rent, (ease, sell, _transfer (by aubli.
<br />it. "Initiation bato" means the date lhal is 2 woeks after
<br />nn.� cense, assignment or OtlerwiAo except as expressly pro-
<br />Yardi 8 Cllarat
<br />cont) enlist
<br />Preparation Date: July 23, 2009 7:22 AM
<br />UK
<br />
|