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25B - AGMT - PD SOFTWARE SYS
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25B - AGMT - PD SOFTWARE SYS
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Last modified
11/12/2015 2:33:31 PM
Creation date
11/12/2015 1:58:24 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
25B
Date
11/17/2015
Destruction Year
2020
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the TriTech Software Client shall reimburse TriTech for its reasonable travel expenses incident to <br />the on -site visit, as well as TriTech's labor related to the on -site visit at the hourly rates for <br />technical support and engineering. If TriTech and the Client do not agree that the reported error(s) <br />are not related to TriTech Software (e.g., related to third party items) TriTech may engage an <br />independent third party subject matter expert to assist with the diagnosis of the error. If the error <br />proves to be caused by TriTech's Software, TriTech will be responsible for the expenses for this <br />diagnosis effort. If the error is not caused by TriTech's Software, the Client will be responsible for <br />such expenses in addition to TriTech's expenses for the on -site visit, <br />6.0 SOFTWARE UPDATES <br />6.1 From time to time at TriTech's discretion, Updates to the TriTech Software and <br />TriTech Documentation will be developed and provided to Client. All Updates to the TriTech <br />Software and TriTech Documentation shall be subject to the terms and conditions of the <br />Agreement and shall be deemed licensed TriTech Software thereunder. (Updates do not include <br />new applications or separate modules or functions that are separately licensed and priced.) <br />7.0 LIMITATIONS <br />7.1 Software Support for the TriTech Software shall be subject to and conditional on <br />Client's implementation and use of a version of the TriTech Software that is the most current <br />general release version thereof that is offered to Client. If Client does not implement the most <br />current general release version when it is made available, TriTech shall only be obligated to <br />provide Software Support for Client's version of the TriTech Software for a period of twenty -four <br />(24) months thereafter. <br />7.2 TriTech shall not be obligated to provide Software Support if Client is not current <br />on the payment of all Software Support fees and expenses. <br />7.3 If any of the following circumstances exist, TriTech shall be entitled to charge <br />additional Software Support fees plus expenses at its then current rates: <br />7.3.1 Problems in the TriTech Software are caused by modification of the <br />TriTech Software, Subcontractor Software or Hardware, System Software, or Equipment by Client <br />or a third party if not permitted hereunder. <br />7.3.2 Problems in the TriTech Software are caused by the TriTech Software not <br />being used in accordance with the TriTech Documentation, or other written instructions provided <br />by TriTech, or by misuse or neglect. <br />7.33 Problems in the TriTech Software are caused by software not provided by <br />TriTech, not approved by TriTech in writing or not specified as compatible in the TriTech <br />Documentation. (The procedures for loading third party software on a Workstation or Server are <br />set forth in paragraph 7.4 of this Addendum.) <br />7.3.4 Problems in the TriTech Software are caused by equipment which does not <br />Santa Ana System Purchase and Support Agreement — Addendum 6 <br />Copyright @ 2015 TrYpech Software Systems <br />Unpublished: Rights reserved under the copyright laws of the United States <br />Page S or 24 <br />25B -149 <br />
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