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Res 2013-196/Approving an agreement w/Tyler Technologies, Inc. for a Financial and Human Resources software and application system
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Res 2013-196/Approving an agreement w/Tyler Technologies, Inc. for a Financial and Human Resources software and application system
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1/22/2015 4:11:48 PM
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12/20/2013 3:10:36 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2013-196
Date
12/17/2013
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Licensee obtains the Software Products. Licensee may (a) install the Software Products on one (1) <br />Computer connected to Licensee's Internal Network, and (b) permit Authorized Users to use the <br />Software Products to deliver content within Licensee's Internal Network. Licensee's rights with <br />respect to the Software Products are further limited as described in Section 4.2. <br />4.2 Limitations. Licensee's rights to install and use Software Products under this Section 4 will <br />terminate immediately upon the earlier of (a) the expiration of the evaluation period described herein, <br />or (b) such time that Licensee purchases a license to a non - evaluation version of such Software <br />Products. Adobe reserves the right to terminate Licensee's license to evaluate Software Products at any <br />time in its sole discretion. Licensee agrees to return or destroy Licensee's copy of the Software <br />Products upon termination of this Agreement for any reason. To the extent that any provision in this <br />Section 4 is in conflict with any other term or condition in this Agreement, this Section 4 shall <br />supersede such other term(s) and condition(s) with respect to the evaluation of Software Products, but <br />only to the extent necessary to resolve the conflict. ADOBE IS LICENSING THE SOFTWARE <br />PRODUCTS FOR EVALUATION ON AN "AS IS" BASIS AT LICENSEE'S OWN RISK. SEE <br />SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS <br />WHICH GOVERN EVALUATION OF SOFTWARE PRODUCTS. <br />5. Intellectual Property Rights. The Software and any copies that Licensee is authorized by Adobe <br />to make are the intellectual property of and are owned by Adobe Systems Incorporated and its <br />suppliers. The structure, organization and code of the Software are the valuable trade secrets and <br />confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected <br />by copyright, including without limitation by United States Copyright Law, international treaty <br />provisions and applicable laws in the country in which it is being used. Except as expressly stated <br />herein, this Agreement does not grant Licensee any intellectual property rights in the Software and all <br />rights not expressly granted are reserved by Adobe. <br />6. Updates. If the Software is an upgrade or update to a previous version of the Software, <br />Licensee must possess a valid license to such previous version in order to use such upgrade or update. <br />All upgrades and updates are provided to Licensee on a license exchange basis. Licensee agrees that by <br />using an upgrade or update Licensee voluntarily terminates Licensee's right to use any previous version <br />of the Software. As an exception, Licensee may continue to use previous versions of the Software on <br />Licensee's Computer after Licensee uses the upgrade or update but only to assist Licensee in the <br />transition to the upgrade or update, provided that the upgrade or update and the previous versions are <br />installed on the same computer. Upgrades and updates may be licensed to Licensee by Adobe with <br />additional or different terms. <br />7. WARRANTY <br />7.1. Warranty. Adobe warrants to Licensee that the Software will perform substantially in <br />accordance with the Documentation for the ninety (90) day period following shipment of the Software <br />when used on the recommended operating system, platform and hardware configuration. This limited <br />warranty does not apply to evaluation software (as indicated in Section 4), patches, sample code, <br />sample files and font software converted into other formats. All warranty claims must be made within <br />such ninety (90) day period. If the Software does not perform substantially in accordance with the <br />Tyler Financial And Human Resources Software Application Systems Agreement 2013 <br />
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