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(3) In no case does the OS /DBA contract supply support for any Microsoft Product including the PC operating <br />system. <br />g. In cases where multiple installations of foundation software exist, only the installation required to run MUNIS is <br />covered under the standard OS /DBA contract. <br />h. The scope of the service provided by a standard OS /DBA contract is restricted to the installation and configuration of <br />MUNIS Application software and MUNIS required foundation software as originally installed on the MUNIS <br />Application Server. <br />i. Further services in the category of System Administration are limited to administrative tasks on the installed <br />Operating System. <br />j. Further services in the category of Data Base Administration are limited to administrative tasks on the installed <br />Database Engine software. <br />2. Limitations and Exclusions: <br />a. This Agreement does include the remote installation and configuration of a new or upgraded server once every two <br />years. <br />b. This Agreement does not include the installation and configuration of a new Informix Engine. <br />c. This Agreement does not provide support for software not required to run MUNIS. <br />e. This Agreement does not provide support for software required but not recommended (i.e. terminal emulation <br />software that has not been recommended by MUNIS). <br />3. CUSTOMER Responsibilities: <br />a. CUSTOMER shall provide, at no charge to MUNIS, full and free access to the programs covered hereunder: working <br />space; adequate facilities within a reasonable distance from the equipment; and use of machines, attachments, features, <br />or other equipment necessary to provide the specified support and maintenance service. <br />b. CUSTOMER shall install and maintain for the duration of this Agreement, a stable high speed network connection <br />available for GoToAssist remote connections. CUSTOMER shall pay for installation, maintenance and use of such <br />equipment and associated communication line use charges. MUNIS at its option, shall use this remote interface in <br />connection with error correction. Such access by MUNIS shall be subject to prior approval by CUSTOMER in each <br />instance. <br />4. Non - Assignability: CUSTOMER shall not have the right to assignor transfer its rights hereunder to any parry. <br />5. Excused Non - Performance: MUNIS shall not be responsible for delays in servicing the products covered by this <br />Agreement caused by strikes, lockouts, dots, epidemic, war, government regulations, fire, power failure, acts of God, or other <br />causes beyond its control. <br />6. Limitation of Liability: The liability of MUNIS is hereby limited to a claim for a money judgement not exceeding the total <br />amount paid by CUSTOMER for services under this Agreement. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED <br />TO, AND MUNIS SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF <br />ANY NATURE. EVEN IF MUNIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IRRESPECTIVE OF <br />THE NATURE OF CUSTOMER'S CLAIM. <br />VI. General <br />1. Governing Law: This agreement shall be governed by, and construed in accordance with, the laws of the client's state of <br />domicile. The invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceability of <br />any other provision. <br />2. Modification of this Contract: No modifications or amendment of this Agreement shall be effective unless set forth in writing <br />and signed by both CUSTOMER and MUNIS. <br />3. Suspension: Support and services will be suspended whenever CUSTOMER's account is thirty days overdue. Support and <br />services will be reinstated when CUSTOMER's account is made current <br />4. Trademarks: MUNIS and the MUNIS Logo are registered trademarks of MUNIS, Inc. <br />5. Renewal: OS /DBA Contract Services will renew automatically for additional one (1) year terms at Tyler's then - current OS /DBA <br />fee unless terminated in writing by either party at least fifteen (15) days prior to the end of the then - current term. <br />CUSTOMER' <br />Date <br />Tyler Technologies, Inc. <br />Richard E. Peterson, Jr., President <br />Date <br />'CUSTOMER's acceptance signature is optional. Payment of this contract by CUSTOMER signifies acceptance of the terms and <br />conditions outlined herein. Tyler will not accept any changes to this contract. <br />Revised 7/20/2005 <br />