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25K - AGMT ASSET MGMT SOFTWARE LIC
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01/16/2018
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25K - AGMT ASSET MGMT SOFTWARE LIC
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Last modified
1/11/2018 7:12:23 PM
Creation date
1/11/2018 6:50:11 PM
Metadata
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25K
Date
1/16/2018
Destruction Year
2023
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arising out of or relating to this License Agreement or the breach thereof shall be resolved in the following order: <br />Consultation and negotiation in good faith and a spirit ojmntual cooperation; <br />Mediation, by a mutually acceptable mediator chosen by the parties, which cast is shared equally; <br />Ifthe matter cannot be settled through negotiation or mediation, then it shall be finally settled by <br />arbitration administered by the American Arbitration Association under its Commercial <br />Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in a court of <br />competent jurisdiction. If Licensee is a US government agency, this License Agreement is subject <br />to the Contract Disputes Act of 1978, as amended (41 USC 601-613), in lieu of the arbitration <br />provisions of this clause. This License Agreement shall not be governed by the United Nations <br />Convention on Contracts for the International Sale of Goods, the application of which is expressly <br />excluded. <br />9.11 Maintenance. Maintenance for qualifying Software consists of updates and other benefits, such as access to <br />technical support, are provided during the Term of Use. Maintenance is specified as set forth in Addendum 112. <br />9.12 Feedback. Azteca Systems may freely use any feedback, suggestions, or requests for Product improvements <br />that Licensee provides to Azteca Systems. Regardless of the source of any feedback or suggestions, any <br />improvements to Cityworks Software or Products, and any related intellectual property, are owned by Azteca <br />Systems. <br />9.13 Patents. Licensee may not seek, and may not permit any other user to seek, a patentor similar right worldwide <br />that is based on or incorporates any Azteca Systems technology or services. This express prohibition on patenting <br />shall not apply to Licensee's software and technology except to the extent that Aztecs Systems technology or services, <br />or any portion thereof, area part of any claim or preferred embodiment in a patent application or a similar application. <br />9.14 Entire Agreement. This License Agreement, including its incorporated documents, addendums, and exhibits <br />constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any <br />previous license agreements, understandings, and arrangements between the parties relating to such subject matter. <br />Additional or conflicting terms set forth in any purchase orders, invoices, or other standard form documents <br />exchanged during the ordering process, other than product descriptions, quantities, pricing, and delivery instructions, <br />are void and of no effect. Any modification(s) or amendment(s) to this License Agreement must be in writing and <br />signed by each party or as otherwise provided in Addendum til. <br />IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed and made effective by <br />their respective authorized representatives. <br />AZTECA SYSTEMS, LLC <br />CITY OF SANTA ANA, a charter city and municipal <br />corporation organized and existing under the Constitution <br />and laws of the State of California - (LICENSEE) <br />By: <br />By. <br />Name: Brian L. Haslam <br />Name: <br />Title: President - CEO <br />Title: <br />Date: _. _ _ _. <br />Date: <br />ATTEST <br />APPROVED AS TO FORM <br />RECOMMENDED FOR APPROVAL <br />Maria D. Huizar .� <br />hn M.Futik' " "-_-= -• <br />Fred Mousavipour <br />Clerk of the Council <br />Assistant City Attorney <br />Executive Director <br />Public Works Agency <br />Standard License & Maintenance Agreement <br />Page 8 of 14 - <br />10/16 ed. <br />25K-60 <br />
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