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will be subject to the terms and conditions of the License Agreement, which will be substantially <br />the same as the License Agreement attached as Attachment A, between the City and the Vendor. <br />The Vendor will provide Updates on an as-available basis and include the items listed below: <br />(1) Bug fixes; <br />(2) Enhancements to market data service software provided by the Vendor to keep <br />current with changes in market data services or as Vendor makes <br />enhancements; <br />(3) Enhancements to keep current with the current hardware vendor's OS releases, <br />as available from Vendor, provided that the current hardware vendor's OS <br />release is both binary and source-compatible with the OS release currently <br />supported by Vendor; and <br />(4) Performance enhancements to Covered Software. <br />(5) Updates do not include: <br />(a) Platform extensions including product extensions to (i) different <br />hardware platforms; (ii) different windowing system platforms; (iii) <br />different operating system platforms; and <br />(b) New operating system updates or hardware bios updates. <br />The Vendor will provide Updates in machine-readable format and will provide updates to <br />related documentation in hard copy form. The Vendor will make all such deliveries <br />electronically to the installed computers automatically during a sync process. City agrees <br />to synchronize each device no less than once per month to obtain any software or <br />configuration changes. Duplication, distribution and installation of documentation <br />updates are the responsibility of City. If requested by the City, the Vendor will provide <br />on-site assistance in the installation of Updates on a time and materials basis, plus <br />expenses. <br />The Vendor will provide support services for previous releases for a minimum period of <br />six (6) months following the general availability of a new release or software update. <br />After this time, the Vendor will have no further responsibility for supporting and <br />maintaining the prior releases. <br />The Vendor assumes no responsibility for the correctness of, performance of, or any <br />resulting incompatibilities with, current or future releases of the Covered Software if the <br />City has made changes to the system hardware/software configuration or modifications to <br />any supplied source code and, which changes effect the performance of the Covered <br />Software and were made without prior notification and written approval by the Vendor. <br />Brazos Technology, Hand Held Ticket Writer System Agreement <br />35