Res 2017-127/Mobile license plate recognition software

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2.6.4 Exceptions. NuPark will have no obligation to perform Maintenance Services to the extent due to any one or more of the following: (a) Customer's abuse or misapplication of the NuPark System; (b) use of the NuPark System other than as specified in the Documentation or as permitted herein; (c) use of the NuPark System in conjunction with software or hardware that is incompatible with, or otherwise has a detrimental effect on the operation of, the NuPark System; (d) Customer's failure to promptly implement any updates or to properly or timely update its Third Party Products as required by NUPar1c or applicable third party vendor; (e) alteration, damage, or modification to or of the NuPark System; (f) Customer's failure to timely pay the applicable License Fees to NuPark or to otherwise comply with the terns of this Agreement; (g) improper operator handling or use; or (h) the cancellation, completion, expiration, or termination of this Agreement. If Customer transfers the NuPark System to a hardware and/or software platform which is not supported by NuPark at the time of such transfer, NuPark will continue to provide to Customer any updates issued as part of the Maintenance Services which operate on the original supported platform, but NuPark shall have no further obligation to attempt to fix Errors which occur when the NuPark System is run on any platform other than the supported platform. 2.7 Hosting Services. 2.7.1 Hosting Services. NuPark will provide hosting services for the NuPark System (the "Hosting Services") during the Term and any Renewal Term if Hosting Services are included in the Initial Solution Pricing or any Subsequent Solution Pricing, provided Customer has paid the applicable Hosting Services Fees to NuPark in accordance with this Agreement. 2.7.2 Access, If Customer elects to obtain Hosting Services from NuPark, NuPark will provide Customer access to the NuPark System through the Hosting Services. Customer may access the Hosting Services using Customer's remote access system. NuPark will use commercially reasonable efforts to provide the Hosting Services in a manner sufficient to allow access to the NuPark System through the Internet twenty-four (24) hours per day, seven (7) days per week, except for emergency or routine maintenance or for other outages beyond the control of NuPark, including, without limitation, outages attributable to failure of the Customer's Internet service provider or Customer's remote access system. Customer, at Customer's sole cost and expense, is solely responsible for providing and maintaining Customer's remote access system and providing all necessary Internet connectivity. Customer will control the issuance of user identification and passwords for the use of the NuPark System by Customer's employees and agents and will be responsible for maintaining the confidentiality of all such passwords. Customer acknowledges and agrees that Customer is responsible for all liabilities incurred as a result of the use of Customer Hi h: ➢ Return Call within 30 minutes during NuPark's ➢ NuPark System is down support hours; 1 hour outside of NuPark's Critical Customer impact support hours ➢ Resolution or plan of action in place and implemented within 24 hours e(lium: ➢ Return call within 4-8 hours during NuPark's ➢ Typical software bug support hours ➢ ➢ NuPark System response time slow No major Customer impact ➢ Resolution or plan of action in place and implemented within 72 hours Low: ➢ Return call within 48 hours )> Cosmetic changes required ➢ NuPark will use commercially reasonable efforts ➢ No Customer impact to resolve in future update 2.6.4 Exceptions. NuPark will have no obligation to perform Maintenance Services to the extent due to any one or more of the following: (a) Customer's abuse or misapplication of the NuPark System; (b) use of the NuPark System other than as specified in the Documentation or as permitted herein; (c) use of the NuPark System in conjunction with software or hardware that is incompatible with, or otherwise has a detrimental effect on the operation of, the NuPark System; (d) Customer's failure to promptly implement any updates or to properly or timely update its Third Party Products as required by NUPar1c or applicable third party vendor; (e) alteration, damage, or modification to or of the NuPark System; (f) Customer's failure to timely pay the applicable License Fees to NuPark or to otherwise comply with the terns of this Agreement; (g) improper operator handling or use; or (h) the cancellation, completion, expiration, or termination of this Agreement. If Customer transfers the NuPark System to a hardware and/or software platform which is not supported by NuPark at the time of such transfer, NuPark will continue to provide to Customer any updates issued as part of the Maintenance Services which operate on the original supported platform, but NuPark shall have no further obligation to attempt to fix Errors which occur when the NuPark System is run on any platform other than the supported platform. 2.7 Hosting Services. 2.7.1 Hosting Services. NuPark will provide hosting services for the NuPark System (the "Hosting Services") during the Term and any Renewal Term if Hosting Services are included in the Initial Solution Pricing or any Subsequent Solution Pricing, provided Customer has paid the applicable Hosting Services Fees to NuPark in accordance with this Agreement. 2.7.2 Access, If Customer elects to obtain Hosting Services from NuPark, NuPark will provide Customer access to the NuPark System through the Hosting Services. Customer may access the Hosting Services using Customer's remote access system. NuPark will use commercially reasonable efforts to provide the Hosting Services in a manner sufficient to allow access to the NuPark System through the Internet twenty-four (24) hours per day, seven (7) days per week, except for emergency or routine maintenance or for other outages beyond the control of NuPark, including, without limitation, outages attributable to failure of the Customer's Internet service provider or Customer's remote access system. Customer, at Customer's sole cost and expense, is solely responsible for providing and maintaining Customer's remote access system and providing all necessary Internet connectivity. Customer will control the issuance of user identification and passwords for the use of the NuPark System by Customer's employees and agents and will be responsible for maintaining the confidentiality of all such passwords. Customer acknowledges and agrees that Customer is responsible for all liabilities incurred as a result of the use of