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HomeMy WebLinkAboutSYSTEM INNOVATORS 1 - 2001INNOVATORS. INSURANCE NOT REQUIRED/WAIVED WORK MAY PROCEED CLERK OF COUNCIL DATE: ~-,'?-ot PURCHASE AND SOFTWARE LICENSE AGREEMENT System Innovators, Inc., whose corporate address is 10550 Deerwood Park Blvd., Suite 700, Jacksonville, FL 32256 ("SII") and the City of Santa Ana, a charter city and municipal corporation, whose address is 20 Civic Center Plaza., Santa Aha, California 92701 ("Customer") agree that this Purchase and Software License Agreement ("Agreement") entered into this 4 th day of September, 2001 ("Effective Date") governs the sale of computer equipment and related peripherals and supplies ("Hardware"), the provision of professional consulting, programming, installation, support and training services ("Services"), and the licensing of computer software and related documantation ("Software") by SII to Customer. 1. Purchase Orders. Customer pumhase orders, as may be issued from time to time and accepted by SII in a total amount not to exceed $122,000 shall be treated as Exhibits to this Agreement. The terms and conditions of this Agreement shall prevail, not withstanding any variations or additions contained in any pumhase order or other document submitted by the Customer. 2. Acceptance. Hardware and Software shall be deemed Accepted by Customer upon (a) receipt of Hardware and/or Software and (b) delivery of a signed acceptance statement from the City of Santa Ana to SII or 25 consecutive business days of error free use of the Hardware and/or SoRware in the ordinary course of business. 3. Covered Hardware. The hardware covered by Hardware Support Services in this Agreement ("Covered Hardware") is computer hardware and related peripheral equipment listed in Exhibit 3, Covered Hardware. 4. Covered Software. The sofnvare covered by Sol%yarc Support Services in this Agreement ("Covered SoRware") is computer software and related documentation licensed to the Customer and listed in Exhibit 4, Covered Sofavare. 5. Hardware Support Services. (a) SII shall provide the following services under this Agreement ("Hardware Support Services") for the Covered Hardware: (i) Help desk support including technical assistance by telephone, modem, fax service and/or courier; (ii) Determination of hardware failures through telephone consultation with the Customer, (iii) Shipment of replacement Hardware, when deemed necessary by SII, from SII to Customer's location by courier service, (iv) Preventative maintenance services deemed appropriate by SII; (v) Preparation of shipping labels and instructions for Customer to return failed hardware in the same box that replacement Hardware arrives in, to SII collect, (vi) Telecommunication charges associated with SII initiated calls for modem and telephone support services, and (vii) Toll free phone service for incoming telephone calls. (b) The following services are specifically excluded from Hardware Support Services: (i) Electrical work external to the affected Hardware; (ii) Repair of damage resulting from vandalism, disaster, transportation, misuse, accident, modification, electrical damage, improper installation or repair or attempt to repair of the affected Hardware by any person not authorized by SII; (iii) Furnishing expendable supplies (such as paper and ribbons); (iv) Painting or refinishing the affected Hardware; (v) Relocation or reinstallation of the affected Hardware or the addition or removal of any attachments, enhancements, or other hardware accessories; (vii) Changes or repairs to Hardware not covered under this Agreement. Such services, if requested by the Customer, may be provided by SII for additional charges equal to the then current rates for such services. SII - Purchase and Sottware License Agreement 1 6. Software Support Services. (a) SII will provide the following services under this Agreement "Sot~vare Support Services") for the Covered Sofrware: (i) Help desk support including technical assistance by telephone, modem, fax service and/or courier; (ii) Correction of errors or deficiencies in licensed modules of SII Sot~vare; (iii) Maintenance of customized source code at SII's office for access by SII's personnel; (iv) New releases of licensed SII Sot~avare modules and documentation, as available, at no charge other than the Support Services fee; (v) Off-site backup of customized source code; (vi) Telecommunication charges associated with SII initiated calls for modem and telephone support services; and (vii) Toll-free phone service for incoming phone calls. (b) The following services are specifically excluded from Software Support Services: (i) Operation of the Sott'ware in the normal course of business; (ii) Consulting, programming or training services that are not associated with Sofiware errors or deficiencies; (iii) Programming or analytical assistance relating to enhancement of existing programs or the creation of new programs; (iv) Programming or analytical assistance relating to restoring programs and/or computer accessible data files rendered inoperative due to any cause outside of SII's control; and (v) Supporting any software not covered under this Agreement. Such services, if requested by the Customer, may be provided by SII for additional charges equal to the then current rates for such services. 7. Customer Responsibilities. Customer's responsibilities under this Agreement include: (i) Providing a suitable environment for the Hardware, as specified in the manufacturer's product literature and as specified by SII in any written instructions to Customer; (ii) Installing all required communication network hardware and software; (iii) Ensuring the proper training for Customer staff involved with the Hardware, Software and Services (iv) Explaining software requirements to SIPs personnel and pmviding copies of data on printed materials and/or magnetic storage media that may assist SII in providing Services; (v) Providing a modem hookup to the Hardware when requested by SII; (vi) Informing SII of changes in related hardware and sottware and their configuration; (vii) Informing SII of changes in Hardware locations; (viii) Backing up, removing, and pmtecting, as applicable, data and removable storage media contained in failing Hardware sent to SII; and (ix) Removing and controlling any currency or other funds from Hardware before SII provides Support Services. 8. Sunvort Period. (a) The initial Support Period shall begin upon execution of this Agreement by both parties and shall end one year afier the first Acceptance of Sofiware. Following authorization by Customer's City Council, if required, and execution of an amendment by both parties, new Support Periods shall begin at the end of each previous Support Period and end one year later unless: (i) either party gives at least 30 days prior notice of termination of support services to the other party; or (ii) the Agreement is terminated according to the terms of this Agreement. (b) Hardware Support Services and Software Support Services (collectively, the "Support Services") shall be provided during the Support Period from 8 A.M. to 8 P.M. Eastem Standard Time or Eastern Daylight Savings Time, whichever is in effect in Jacksonville, Florida, Monday through Friday, excluding nationally recognized holidays ("Support Hours"). SII shall respond in a prompt, commemially reasonable manner within two (2) hours during the Support Hours. 9. Delivery and Risk of Loss. All Hardware and Sof~are sold or licensed to Customer is shipped or delivered at Customers expense. Customer assumes the risk of loss for Hardware and Software upon delivery. 10. Prices. (a) SII's charges for Hardware, Software licenses and Services are specified in the Exhibits of this Agreement. The prices set forth in such Exhibits are exclusive of and Customer agrees to pay: (a) shipping charges where not specifically covered; (h) SII's time and material charges plus reasonable travel and living expenses, at cost, for additional Services requested by Customer; and (c) all taxes, including sales taxes, (however designated) paid or payable by SII (exclusive of taxes based on SII net income) for Hardware, Services and Software licenses provided hereunder. Customer agrees to support any claim for tax exemption for purchases hereunder by providing SII with a copy of the applicable tax exemption certificate prior to delivery. (b) SII may increase or decrease prices for Hardware Support Services and/or Sofiware Support Services to be effective at the beginning of any renewal of a Support Period by providing Customer notice of such change at least 60 days prior to such renewal. SII may change hourly rates for Services authorized by the SII - Purchase and Sol. are License Agreement 2 Customer but not specifically listed in this Agreement by providing notice of such change at least 60 days prior to performing such Services. (c) The Enterprise License for Software and Services entitles Customer to process a defined number of payments per year ("Authorized Annual Payment Quantity") as listed in Exhibit 1 of this Agreement. Payments processed in excess of the Authorized Annual Payment Quantity are subject to an additional charge ("Payment Sumharge") of twenty five cents ($0.25) per payment unless this Agreement is amended to increase the Authorized Annual Payment Quantity. 11. Payment Terms. (a) Customer shall pay SII twenty five percent (25%) of the Enterprise License fee specified in this Agreement upon delivery of unmodified SII Software to the Customer and as invoiced by SII. (b) Customer shall pay SII the total price for all Hardware and third-party Sottware licenses specified in this Agreement, as amended, upon delivery of Hardware and third-party SoPavare to the Customer and as invoiced by SII. (c) Customer shall pay SII twenty five percent (25%) of the Enterprise License fee specified in this Agreement upon delivery of customized Software and as invoiced by SII. (d) Customer shall pay SII the remaining fifty percent (50%) of the Enterprise License fee specified in this Agreement upon Acceptance of the customized Software and as invoiced by SII. (e) Customer shall pay SII the total fee for Hardware Support Services and Software Support Services in advance of each Support Period and as invoiced by SII. If Customer terminates Support Services under this Agreement prior to the end of a Support Period, SII shall promptly send a pro-rata refund of the Support fee therefor to the Customer. (f) Customer shall pay SII for all other Customer authorized charges (e.g.: other Services, travel expenses, other billable charges) as Services are provided and as invoiced by SII. (g) If Customer exceeds the Authorized Annual Payment Quantity in any twelve month period following Acceptance, Customer shall (i) pay SII the Payment Surcharge described in paragraph 10.(c) above, or (ii) pay SII an additional Enterprise License fee to increase the Authorized Annual Payment Quantity. (h) All invoiced charges are due upon receipt. Interest, at the rate of one and one half percent (1.5%) per month, will be charged by SII on ail amounts unpaid and outstanding afier thirty (30) days fi.om the date of SIPs provision of an invoice to Customer. 12. Title. SII shall own all rights, title and interest in and to the SotY, vare (including copyright, trade secret, patent, trademark and other proprietary rights) including all customizations, enhancements, modifications, improvements, derivations or other changes thereto, whether made by SII, Customer, or jointly by SII and Customer. Any copies of the Sottware, in whole or in part, which are made hereunder, shall also remain the sole property of SII. 13. License. SII grants Customer, subject to the terms and conditions of this Agreement, a perpetual, nontransferable, non-exclusive license to use the SII Software for its own internal business purposes. 14. Term. This Agreement shall commence on the Effective Date and shall remain in force until terminated according to the provisions of this Agreement. 15. Use and Copying Restrictions. (a) Customer understands that the SII Sof~ware provided under this Agreement contains trade secrets and proprietary information belonging to SII. Customer agrees to hold the SII Sott3vare in trust and confidence and will safeguard the SII Sot~vare to the same extent that Customer safeguards other trade secret information related to its business. SII - Purchase and Software License Agreement 3 (b) Customer further agrees not to directly or indirectly disclose, display, provide, transfer or otherwise make available all or any part of the soume code for SII Software to any person or entity other than (i) SII's employees or (ii) Customer's employees or agents that need to work with the source code, without prior written consent of SII. (c) Customer further agrees not to sell, assign, lease, license, or in any manner encumber, pledge, convey, or transfer the Sof~ware or any interest therein. 16. Termination. (a) Either party may terminate this Agreement upon written notice to the other if: (i) a material violation of this Agreement by the other party is not remedied within thirty (30) days at~er notice of violation; or (ii) any representation or warranty made by the other party shall prove to have been false or fraudulent in any material respect as of the date the same was made; or (iii) the other party adnfits in writing its inability to pay its debts generally as they become due, or executes an assignment for the benefit of creditors or similar document; or (iv) a receiver, trustee in bankruptcy or similar officer is appointed for the other party's property. Customer shall have the right to terminate this Agreement for any reason, with no penalty and no refund of any monies previously paid to SII, by giving thirty (30) days' prior notice to SII. Such termination shall not affect rights or liabilities of the parties with respect to paragraphs 15, 17, 18 and 19. If Customer terminates this Agreement for a cause stated in 16(a),(b),(c) or (d) prior to the Acceptance of Sof~ware, SII will refund all monies paid to SII by Customer. (b) Termination shall not exclude other remedies for failure of a party to perform its obligations. (c) Upon termination of this Agreement, each party shall promptly return to the other any and all personal property of the other held by such party and shall provide a certificate to the other party to the effect that it has delivered to the other party all property belonging to the other party and has retained no duplicates or copies of any such property. 17. Wan'antics and Disclaimem. SII warrants that the SII Software will conform to SII supplied specifications and documentation, as periodically revised, for a period of one (1) year following Acceptance of the SII Software, provided no changes, modifications or enhancements have been made to the SII Software by Customer or third parties. SII will use its best efforts to correct or repair any defects in the SII Software; provided, however, that such defect is reported to SII in writing within the warranty period. SII does not warrant that the operation of the SII Sol%yarc will be uninterrupted or error free. SII also warrants that SII has the right to grant a license for SII Sofiware and the right to grant a license for all third- party Software licensed under this Agreement. SII shall indemnify and hold harmless Customer from and against any claims, including reasonable legal fees and expenses arising from a breach of this warranty to grant licenses. SII shall defend or settle any suit or proceeding against Customer arising from a breach of this warranty to grant licenses. SII MAKES NO OTHER WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, HARDWARE OR SERVICES PROVIDED BY SII UNDER AND PURSUANT TO THIS AGREEMENT. 18. Patent and Copyright Indemnification. (a) SII shall indemnify and hold harmless Customer from and against any claims, including reasonable legal fees and expenses, based upon infringement of any United States copyright or patent by SII Sottware. SII shall defend or settle any suit or proceeding brought against Customer by a third party arising out of, or relating to, Customer's own internal use of the Sofiware provided that SII is given prompt notice of such claim and is given information, reasonable assistance and sole authority to defend or settle the claim. (b) SII, at its option, may obtain for Customer the right to continue using or to replace or modify the Software involved so it becomes non-infringing; or if such remedies are not reasonably available, grant Customer a refund for the So/13vare involved and accept its return. SII - Purchase and Sofavare License Agreement 4 (c) SII shall have no obligation under this Section if the alleged infringement or violation is based upon the use of the Software in combination with other hardware or software not furnished by SII or if such a claim arises from SII's compliance with Customer's designs, specifications or instructions or from Customer's modification of the Software. 19. Limitation of Actions and Liability. (a) Neither party shall be liable for any failure of or delay in performance of its obligations under this Agreement to the extent such failure or delay is due to circumstances beyond its reasonable control. (b) The parties agree that no action may be instituted hereunder more than four (4) years after the cause of action accrued or shouId have been discovered by reasonable due diligence. (c) Neither patty shall be liable for special, indirect, incidental or consequential damages, whether arising from contract or negligence. In any event, SII's liability for damages under any theory of liability or form of action shall not exceed the total amount paid by Customer to SII under this Agreement. (d) SII AND CUSTOMER ACKNOWLEDGE AND AGREE THAT THEY ARE ENTERING THIS AGREEMENT ON THE UNDERSTANDING THAT THE PRICES FOR HARDWARE, SOFTWARE AND SERVICES TO BE PROVIDED UNDER THIS AGREEMENT HAVE BEEN SET TO REFLECT THE FACT THAT THE CUSTOMER'S REMEDIES, AND SII'S LIABILITY SHALL BE LIMITED AS EXPRESSLY SET FORTH 1N THIS AGREEMENT, AND IF NOT SO LIMITED, THE PRICES FOR THE SAME WOULD HAVE BEEN SUBSTANTIALLY HIGHER. 20. Notice. All notices under this Agreement shall be in writing and delivered by (i) registered mail, return receipt requested, to the parties at the respective addresses set forth above or to such other addresses as the party to receive the notice has designated, (ii) nationally recognized overnight courier to the parties at the respective addresses set forth above or to such other address as the party to receive the notice has designated, or (iii) hand delivery to an individual designated by the receiving party. The notice shall be deemed delivered (i) if by registered mail, on the date shown on the return receipt, (ii) if by courier service, on the day of delivery, and (iv) if by hand delivery, on the date of hand delivery. 21. of California. Governing Law. This Agreement shall be governed by and construed under the laws of the State 22. Other Provisions. (a) The scope of any Services provided under this Agreement other than Support Services and any Customer obligations related to such Services will be documented and attached as an Exhibit to this Agreement. (b) If any provision of this Agreement is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. (c) The failure by any party to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. (d) Customer may not sell, assign, transfer, lease, sub-license or otherwise convey any of its rights (or delegate any of its duties) under this Agreement, including the SII Software license granted herein, without the prior written consent of SII. (e) This Agreement may not be modified, altered or amended except by written instrument duly executed by both parties. SII - Purchase and Software License Agreement 5 (f) Both parties acknowledge receipt of the documents listed below and consent to their incorporation into and attachment to this Agreement as the indicated Exhibit number. Exhibit Number Document Title 2 3 4 Hardware, Software and Service Description and Pricing Schedule Scope of Services Covered Hardware Covered Software IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council CITY OF SANTA ANA a municipal corporation of the ~mia Mayor APPROVED AS TO FORM: APPROVED AS TO CONTENT: Joseph W. Fletcher City Attorney avid N. Re~rn City Managel RECOMMENDED FOR APPROVAL: ~eEn ~ e~'r v~icr~sC tp~ ~ e n c y System Innovators, Inc. BY: Chuck Gillum Executive Vice President, Sales & Marketing SII - Purchase and Software License Agreement 6 EXHIBIT "1" HARDWARE, SOFTWARE AND SERVICE DESCRIPTION AND PRICING SCHEDULE Component Component Qty Component Description Investment Investment Each Total '" ' R~V~nueGollector APP~ICA~!ON SOFTWARE ~ 1 RevenueCollector Enterprise License 0) $90,000. $90,000. 2 Estimated travel expenses for On site System Training 2,500. 5,000. 1 RevenucCollector Software Support First Year (2) 0. 0. RevenueCollector Application Software & Services Investment: $95,000. 4 Axiohm A721, Receipt, Slip, Journal Printer (3) $999. 3,996. 4 Caere Model 5133 OCR Reader w/short slot and mag stripe oD 2,155. 8,620. 1 Caere Model 5133 OCR Reader Manual 80. 80. 4 APG Cash Drawer (5) 285. 1,140. 1 MS SQL Server V7 Win-5 Client Base (6) 1,399. 1,399. 0 Crystal Report Pro 7.0 (?) 395. 0. 0 ICVERIFY- Windows 4 User License (8) 729. 0. 0 ICVERIFY- Windows Additional User License 99. 0. 4 Hardware Support for Axiohm, (first year) (9) 195. 780. 4 Hardware Support for Caere OCR Reader (first year) (9) 235. 940. 4 Hardware Support for APG Cash Drawer (first year) (9) 75. 300. Freight F.O.B. Destination 127. Peripheral Hardware & Third Party Software Investment (10).. 17,382. Total Investment (excluding PCs and communication networks): I $1 12,382. sii - Purchase and Sofavare License Agreement 7 (1) EXHIBIT "1" (continued) Footnotes To Investment Schedule RevenueCollectorTM software is licensed according to the terms and conditions of System Innovators' Purchase and License Agreement. The Enterprise License includes delivering the software via electronic transmission and the right to use RevenueCollector on any number of workstations or collection sources to collect payments. The investment for an Enterprise License is based on the quantity of payments processed through RevenueCollector on an annual basis and the number of interfaces to other computer systems. The investment shown allows up to 200,000 payments/year and includes a 2 day on-site assessment trip; project management services; software customization services to interface 1 system (inquire only); 4 days of system training at City of Santa Ana Treasury Office for up to 5 people; 2 days of on-site end-user training; 3 days of on-site installation services and 2 days of on-site assistance when system goes into production. The City will reimburse System Innovators for reasonable travel, accommodations, and related expenses for the 4 days of system training conducted at City of Santa Ana Treasury Office. Additional services are available at the then current hourly rate for such services plus expenses. System Innovators' current rate for Professional Services is $150/hour. (2) (3) (4) (5) (~) (7) (8) (9) RevenueCollector Standard Support Services are provided at no additional charge during the first year following acceptance of the sFstem (the warrantg period). Support services following the warranty period are offered for a fee equal to ten percent (10%) of the then current price for the Enterprise License. The Axiohm A721 Receipt, Journal Printer includes I ribbon, 1 roll of paper and a parallel interface cable. The Caere Model 5133 OCR reader includes a standard reader slot, mag stripe and serial interface cable. This Caere reader will use the City's existing ICVERIFY license. The APG Cash Drawer includes one lockable cash till and a RJ-11 interface cable to the Axiohm printer. MS SQL Server V7 Win-5 Client Base is proposed for the relational database used to hold consolidated payment activity. Crystal Report Pro 7.0 is proposed for ad hoc report writing capabilities. One license is required for each user that will create ad hoc reports. Crystal Report Pro licenses are not required to run existing reports in RevenueCollector Consolidated Reporting Module. Network based credit authorization software is licensed per user. Price is based on one merchant I.D. number and one authorization server. Hardware Support Services are initially provided upon delivery of the hardware, through the acceptance period and one-year following acceptance of the system (generally 15 to 18 months). This initial coverage is provided regardless of the hardware warranty on each component. SII - Purchase and Sottware License Agreement 8 II. AUTHORIZED ANNUAL PAYMENT QUANTITY: 200,000 SII - Purchase and Software License Agreement 9 EXHIBIT "2" SCOPE OF SERVICES Primary seconda~ SCheduled Task Description Role R01e Comple~On Project Management Services Identify contact(s) for each area of responsibility SII Customer Finalize Scope of Services, roles and schedule SII Customer Manage all SII personnel assigned to this project SII Manage all non-SII personnel assigned to this Customer project. Manage the project schedule and report variances SII Customer Provide an Implementation Questionnaire SII Complete the Implementation Questionnaire Customer SII Identify computer system interface requirements Customer SII Finalize hardware and software configuration(s) Customer SII Identify desired features not included in base system Customer SII Document Functional Specs for SII customization SII Approve Functional Specs for SII customization ! Customer Custom Programming Services Design and code custom CASHIER for Windows SII routines to handle input devices included in Functional Specs(OCR/bar code) Design and code custom RevenueCollector routines SII to perform all computer interface tasks defined in Functional Specs (inquiries and updates) Design and code custom CASHIER for Windows SII routines to perform all field validations and special processing tasks defined in Functional Specs Unit test each RevenueCollector and CASHIER for SII Windows software modification and interface Design and code software modifications in other Customer software systems, Installation Services Make recommendation for site preparation SII Customer Determine the adequacy of installed electrical Customer SII service for test and production systems Install hardware and system software for an on-site Customer SII test system at one location. SII - Purchase and Solo,yarc License Agreement 10 EXHIBIT "2" (continued) SCOPE OF SERVICES Primary Secondary Sched~i~d Task Description Role ROle completion Make all required structural and furniture changes (if Customer any) to work areas where CASHIER for Windows will be used. Install all required LAN cabling and connectors for Customer SII the test site Install Local Area Network (LAN) hardware and Customer SII software for an on-site test system. Install modem line at the test-system location Customer Install phone line and phone at the test-system Customer location Install PC Anywhere software and modem for Customer SII remote support services Install communications testing software to test Customer SII specified communication method Test all selected communications software Customer SII Install customized RevenueCollector and CASHIER SII Customer for Windows software on the test system. Verify that all required test system hardware and SII software is installed and ready for Acceptance Testing. Create test data and scripts to test software Customer SII modifications and interfaces Develop an Acceptance Test Plan, based on the SII Customer Functional Specifications, test data and scripts I Verify acceptance of the Test Plan prior to beginning Customer acceptance testing. Test all customer modifications made to Customer accommodate the RevenueCollector and CASHIER for Windows systems. Test all RevenueCollector and CASHIER for Customer SII Windows software modifications and interfaces on the test system and document any deficiencies or error Review the results of acceptance testing and correct SII documented deficiencies Document acceptance of the RevenueCollector and Customer CASHIER for Windows systems once the Acceptance Test Plan has been completed and all deficiencies and errors have been corrected SII - Purchase and Software License Agreement 11 EXHIBIT "2" (continued) SCOPE OF SERVICES Primary secondary S~hedh[ed ! Task Description Role Role Comp et!on Install hardware and system software for thc Customer production system Install all required LAN cabling and connectors for Customer the production system. Install Local Area Network (LAN) hardware and Customer software for the production system Install customized CASHIER for Windows software Customer SII on the production system. Monitor the performance of the production system Customer SII and make tunin$ adjustments Correct documented deficiencies in the production SII software Training Services Send all staff that will use CASHIER for Windows Customer but who are not knowledgeable in the use of Microsoft Windows to a one day introductory class for Microsoft Windows prior to attending either thc System or End-User training. Conduct a RevenueCollector and CASHIER for SII Windows system training class Send at least four representatives to Customer RevenueCollector / CASHIER for Windows system training class Customize end-user training to incorporate custom SII programming changes Conduct end-user training classes at the Client's SII facilities to train cashiers and supervisors Send all cashiers and supervisors that will use Customer RevenueCollector and CASHIER for Windows to an end-user training class conducted by SII. Have cashiers and supervisors practice using Customer RevenueCollector and CASHIER for Windows in a training environment for at least 4 hours within one week after their end-user training. Supervise newly trained cashiers for the first week Customer of live operations to ensure operational effectiveness. SH - Purchase and Sot]ware License Agreement 12 EXHIBIT "3" COVERED HARDWARE LIST OF HARDWARE COVERED BY HARDWARE SUPPORT SERVICES: Hardware Description Qty. Axiohm A721 Journal, Slip and Receipt Printer Caere Model 5133 OCR Short Slot w/Mag Stripe APG Cash Drawer SII - Purchase and Software License Agreement 13 EXHIBIT "4" COVERED SOFTWARE LIST OF SOFTWARE COVERED BY SOFTWARE SUPPORT SERVICES: So fo~vare Description Qty. RevenueCollectorTM Enterprise License including CASHIER for lVindows SII - Purchase and Software License Agreement 14