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25E - AGMT - ONLINE POLICE RPT SYS
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12/01/2015
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25E - AGMT - ONLINE POLICE RPT SYS
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Last modified
11/25/2015 3:28:43 PM
Creation date
11/25/2015 3:12:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25E
Date
12/1/2015
Destruction Year
2020
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5. Exceptions (Should Licensee Elect to Self -Host Software). Licensor is not responsible for <br />maintaining unauthorized Licensee modified portions of the Software, Licensee data files or <br />for maintaining portions of the Software affected by unauthorized Licensee modified <br />portions of the Software. The Licensee agrees that the equipment on which the Software <br />operates will be operating properly at all times and must have been and continue to be <br />properly maintained by the manufacturer of the equipment or a properly qualified service <br />organization. <br />The licensee will be responsible for properly testing and applying routine virus updates and <br />security patches without the need for additional Licensor's notification. Licensor will be <br />responsible for testing Licensor's software updates prior to making them available to the <br />Licensee. The Licensee acknowledges responsibility for testing Licensor's software updates <br />before applying them to the Licensee's production systems. For servers running Licensor's <br />software, the Licensee acknowledges responsibility for communicating with Licensor prior to <br />installation of non- Licensor's software service packs, implementation of new releases or <br />versions of non- Licenser's software, or installation of new non- Licensor's software <br />products. <br />Except for emergency replacement of a failing server, the Licensee acknowledges <br />responsibility for communicating with Licensor prior to replacing a server on which <br />Licensor's software is being used. Licensor is not responsible for changes if related to or <br />caused by software not provided by Licensor. For workstations running Licensor's software, <br />the Licensee acknowledges responsibility to test new workstation configurations, software <br />service packs, new releases or versions of software, and new software products prior to <br />implementation. <br />The Licensee must upgrade the Software in its entirety to the most recent version within <br />seven business days of the release of any updates or modifications of the Software unless <br />otherwise mutually agreed. Licensee must provide Licensor with VPN access or a <br />comparable remote access method (eg. LogMeln, TeamViewer) to upgrade the Software. <br />Licensor will not be obligated to provide support for release versions that are more than two <br />release versions older than the current version unless specified in this Support and <br />Maintenance agreement. <br />The Licensee agrees that, subject to and in accordance with the Licensee's 'internal policies <br />and guidelines, it will upgrade the computer operating software, hardware and underlying <br />database engines of the Software as necessary to meet the changing requirements of the <br />Software as specified by Licensor as part of a current release of the Software, or as the <br />parties mutually agree. The Licensee agrees that, subject to and in accordance with the <br />Licensee's internal policies and guidelines, it will maintain appropriate licenses for the <br />computer operating software and underlying database engines required of the Software as <br />necessary. <br />6. Limitations. Licensor may, in its sole discretion, limit or suspend Licensee's access to <br />support, pursuant to this Support and Maintenance Agreement, where (1) Licensee is in <br />material default under the terms of this Support and Maintenance Agreement (non - payment <br />is deemed to be a material default), or (2) Licensee fails to provide adequately trained staff <br />to administer the Software. Prior to limiting or suspending support, Licensor will give the <br />Coplogic -- DOM Setup and Subscription License Agreement (AST t 1.20.15) 11 <br />25E -13 <br />
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