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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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meet the configuration requirements, or Client does not maintain the site and facility as specified <br />in the TriTech Documentation. <br />7.3.5 Problems in the TriTech Software are caused by one or more computer <br />viruses that have not been introduced into Client's system by 'TriTech. Client shall maintain up to <br />date virus checking software in accordance with TriTech Documentation and shall check all <br />software received from TriTech or any other person or entity for viruses before introducing that <br />software into any part of the TriTech System. If desired by Client, TriTech will provide Updates <br />on media rather than direct downloading to facilitate this virus checking. If, despite such check, a <br />virus is introduced by TriTech, TriTech will provide a virus -free copy of the TriTech Software, <br />and will, at its expense, reload said software on Client's Equipment. Client shall practice <br />reasonable back -up procedures for the TriTech System in accordance with TriTech <br />Documentation. <br />7.3.6 Problems in the TriTech Software are caused by Subcontractor Software or <br />System Software, including but not limited to operating system software. <br />73.7 Problems in the TriTech Software are caused by Equipment or software <br />provided by Client or third parties with which the TriTech Software interfaces or operates <br />(including but not limited to Subcontractor Software or Hardware), including but not limited to <br />problems caused by changes in such Equipment or software. <br />7.4 If, at any time after installation of the System, Client desires to load on a <br />Workstation or Server auy software not provided by TriTech, it shall, before loading such software, <br />follow the procedures regarding third party software compatibility in the TriTech Documentation, <br />and contact the TriTech Customer Service Department at the telephone numbers listed in Exhibit <br />B for assistance as required. Such action shall not constitute approval, express or implied, for <br />the loading of specific software on a Workstation or Server, nor any express or implied <br />warranty, representation or other obligation by TriTech with respect to such software, <br />including but not limited to its suitability, operability or capability to meet Client's needs or <br />expectations. Client agrees that if the loading of such third party software degrades the <br />performance of the System, Client shall immediately uninstall such software. In such <br />circumstances, Client shall absolve, discharge and release TriTech from any obligations or <br />liabilities related to operation or performance of the System, the TriTech Software, Subcontractor <br />Software, or any other item provided by TriTech under this Addendum, including but not limited <br />to any liabilities for damages related thereto in connection with the installation of such third party <br />software. <br />7.5 TriTech Software Support under this Addendum, or any renewal or extension <br />thereof, shall not include design, engineering, programming, testing, implementation or other <br />services rendered necessary by changes in Subcontractor Software, System Software or Equipment, <br />or in any other hardware, firmware or software provided by third patties or Client ( "Third Party <br />Changes "). Any such services shall be subject to additional charges by TriTech and the mutual <br />agreement of the parties as to the terms and conditions under which such services are rendered. <br />Absent such agreement, TriTech shall be. under no obligation, express or implied, with respect to <br />such Third Party Changes. <br />Santa Ana System Purchase and Support Agreement — Addendum E <br />Copyright 0 2015 TriTech Software Systems <br />Uapublished: Rights reserved under the copyright laws or the United States <br />Page 6 of 24 <br />25B -150 <br />
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