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25B - AGMT - PD SOFTWARE SYS
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11/17/2015
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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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are at least as protective of TriTech's and Client's interests as the terms stated herein. <br />Client acknowledges that TriTech shall have no responsibility or liability for <br />unauthorized access to or dissemination of Client Information by Authorized Users or <br />other third parties, whether as a result of breach of data security, misappropriation or <br />misuse of passwords or any other cause. <br />VIII.Ovvnership. <br />A. TriTech owns all rights and title in and to the Services, including, without limitation, the <br />Software, and any Developments, as that term is defined below. Further, Client agrees <br />that the Subscription Services' screens and any output of the Services, excepting the <br />Client Information, are the property of TriTech and subject to United States and other <br />patent, copyright, trademark, trade secret and other applicable laws and treaties and <br />Client agrees that it shall not remove, alter or obstruct any ownership or use legends that <br />TriTech places on any such screens or output of the Services. Nothing contained in this <br />Agreement shall be construed as granting Client any rights in or to the Subscription <br />Services (including, without limitation, the Software and output of the Subscription <br />Services), the deliverables from the Implementation or Additional Services or related <br />Confidential Information, other than the right to use the Services and any applicable <br />Confidential Information of TriTech during the Term, in accordance with this <br />Agreement. <br />Client agrees that TriTech has and retains all rights to use any data and information <br />relating to the Software and Services that it receives from Client including, without <br />limitation, any information that constitutes, or results in, an improvement or other <br />modification to the Software or the Services, but excluding the Client Information and <br />PHI, or CJIS data. <br />As between the parties, TriTech agrees that all Client Information provided to TriTech <br />under this Agreement for TriTech's use in connection with the Subscription Services is <br />the property of Client; provided, however, TriTech shall have the right to retain Client <br />Information in accordance with its obligations under the terms of this Agreement in the <br />event that the return or the destruction of any Client Information is infeasible. <br />The term "Developments" shall mean all programs, upgrades, updates or other <br />enhancements or modifications to the Software, if any, and all Documentation or other <br />materials developed and/or delivered by TriTech in the course of providing technical <br />support or otherwise, under this Agreement. <br />B. Client will not have the ability to copy the Client ,Information entered onto the Software. <br />Rather, TriTech shall retain the physical copy of the Software, title, right and interest in <br />and to the Software, including upgrades, updates, and /or other enhancements or <br />modifications to the Software in any medium, including but not limited to all copyrights, <br />patents, trade secrets, trademarks, and other proprietary rights. <br />IX. Disclaimer; Limitation of Liability. <br />Santa Ana System Purchase and Support Agreement — Addendum F <br />Copyright © 20t 5 TriTech Software Systems <br />Unpublished; Rights reserved under the copyright taws of the United States <br />Page S of 20 <br />25B -176 <br />
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