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<br />ATTACHMENT E~ PAGE 1 <br /> <br />SOFTWARE MAINTENANCE AGREEMENT <br /> <br />BETWEEN <br /> <br />HMS, INC. AND <br />CITY OF SAN MARCOS~ TEXAS <br />This Agreement entered into this IlL <br />{)cfð¿~/r , 1986, by and <br />between CITY OF SAN MARCOS~ TEXAS (hereinafter <br />called Client) and HMS, Inc., a Georgia Corporation, with <br />principal offices at 1700 Water Place, Atlanta, Georgia 30339 <br />(hereinafter called HMS), for and in consideration of the <br />payments, covenants, and mutual undertakings, hereinafter set <br />forth do agree and contract each with the other, as follows: <br /> <br />day of <br /> <br />ARTICLE 1: PURPOSE: Client hereby agrees to utilize and <br />protect the proprietary computer software provided to Client <br />as specified in this agreement, and does hereby engage HMS <br />for the continued maintenance of the computer software so <br />provided, HMS hereby agrees to perform the services as set <br />forth in this agreement for continued maintenance and support <br />of said computer software. <br /> <br />ARTICLE 2: EXHIBITS: Attached to and made a part hereof for <br />all purposes and the following Exhibits: <br /> <br />Exhibit A: <br />Exhibit B: <br />Exhibit C: <br /> <br />Licensed Software Listing Schedule <br />Designated Equipment Schedule <br />Schedule of Charges <br /> <br />In the event of a conflict between the provisions of this <br />Contract and the provisions of any Exhibit, the provisions of <br />this Contract shall control. <br /> <br />ARTICLE 3: DEFINITIONS: The following terms are defined for <br />the purpose of this Agreement as follows: <br /> <br />A. "Licensed Software" - shall mean the design, technology, <br />conventions, source code, object code, flow charts, file <br />layouts, printed forms design, sample runs, operational <br />description, user manuals, sales literature, and all other <br />documentation for the licensed software as set forth in <br />Exhibit A, and any subsequent version of the above created by <br />licensee or licensor. <br /> <br />B. "Designated Equipment" - shall mean the equipment <br />enumerated in Exhibit B. <br /> <br />C. "Use" - shall mean copying or otherwise utilizing any <br />portion of the licensed software from storage units or media <br />into equipment for processing, or using any Licensed Software <br />in the operations of all or any part of any Designated <br />Equipment or using documentation in the support of the use of <br />any Licensed Software. <br />