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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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12.1.3.2 Misuse or neglect, including without limitation failure to use <br />the TriTech Software as described in the Documentation, or other instructions provided by <br />TriTech. <br />12.1.3.3 Software not provided by TriTech, not specified as <br />compatible in the Documentation, or Client not following the procedures for loading third party <br />software on a Workstation or Server as set forth in paragraph 13.6 of this Agreement and further <br />defined in the System Planning Document (Addendum A -3 hereto). <br />12.1.3.4 Equipment which does not meet the configuration <br />requirements specified in the Documentation, by failure of Client to provide and maintain the site <br />and facility requirements described in Section 7.0 herein, or the use of "clones" (generic "look - <br />alike" equipment) as substitutes for the Equipment listed in Addendum A -2. <br />12.1.3,5 Computer viruses that have not been introduced into Client's <br />system by TriTech. Client shall maintain up to date virus checking software and shall check all <br />software received from TriTech or any other parson or entity for viruses before introducing that <br />software into any part of the System including, but not limited to, Workstations or Servers. If <br />desired by Client, TriTech will provide Updates on media rather than direct downloading to <br />facilitate this virus checking. If, despite such check, a virus is introduced by TriTech, TriTech will <br />provide a virus -free copy of the TriTecb, Software, and will, at its expense, reload said software <br />(but not Client's data) on Client's Equipment. Client shall be responsible for reloading its data <br />and, to that end, shall practice reasonable back -up procedures for the System to mitigate the <br />consequences of any virus. <br />12.1.3.6 Equipment or software provided by third parties with which <br />the TriTech Software interfaces or operates (including but not limited to system software), <br />including but not limited to problems caused by changes in such equipment or software, If such <br />changes occur which require modifications or other actions with respect to the TriTech Software, <br />such modifications or actions shall (unless identified in the Addendum A -2 as a line item in this <br />Agreement) be subject to the mutual written agreement of the parties, including but not limited to, <br />additional charges by TriTech at its then current rates for engineering and technical support. <br />12.1.3.7 After the Warranty Period, TriTech's obligations with <br />respect to operation of the items purchased and/or licensed hereunder shall be as specified in the <br />MAINTENANCE AND SOFTWARE SUPPORT section of this Agreement. <br />12.1.3.8 If mapping information is supplied with the TriTech <br />Software., TriTech makes no representation or warranty as to the completeness or accuracy of the <br />mapping data provided with the TriTech Software. The completeness or accuracy of such data is <br />solely dependent on the information supplied by the Client or the mapping database vendor to <br />TriTech. <br />12.2 Problems in the TriTech Software or transmission of data caused by wireless <br />services are not warranted by TriTech, or covered under the terms of this Agreement. Client's use <br />Santa Ana System Purchase nod Support Agreement <br />Copyright p 20 t5 TriTech Software Systems <br />Unpublished; Rights reserved under the copyright laws of the United States <br />Page 17 of 104 <br />25B -23 <br />
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