Res 2009-171 - Laserfiche WebLink

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Owner in order for the City to receive a Product update, enhancement or new release. The City acknowledges and agrees that software and related documentation contain trade secrets and/or confidential information and that the City, Subject to the Texas Public Information Act, will take reasonable precautions to protect the confidential nature of the software and to prevent the disclosure of any such confidential information to unauthorized entities. However, the Vendor understands that the decision as to the confidentiality of this information rests with the Texas Attorney General. Upon receipt of a request for public information relating to this Agreement or the Software provided under this Agreement, the City will forward such request to the Vendor who will appropriately respond to the Texas Attorney General, separately and apart from the City in order to protect its proprietary interest (s). The City understands that it may make one back-up copy of any software procured by the City under this Agreement, but agrees not to otherwise timeshare, copy, modify, sublicense, transfer, assign, reverse engineer, compile or decompile the software, documentation or any portion thereof except as expressly authorized by the Vendor. The City further acknowledges and agrees that the City will limit its use of the software and documentation to the number of users and/or the site location identified in Attachment D to the Agreement. 1.2 MAINTENANCE RESPONSIBILITIES 1.2.1 Maintenance. The Vendor will provide software maintenance and support for the System in accordance with the Software Maintenance Agreement attached as Attachment F and the Support and Maintenance Plan attached as Attachment H. It is understood by both parties that these maintenance and support services are included in the cost for the first year after acceptance of the System and in subsequent years will be provided as long as the City continues to pay the annual fees for such maintenance and support. The Software Maintenance Agreement provides that a change to any piece of the System software will not result in an increase in cost to the City. In addition, the Vendor will provide these same maintenance services in conjunction with the City's purchase of any additional Products and/or Services and as negotiated in a corresponding Project Approach Plan. 1.3 WARRANTIES The Vendor expressly warrants: 1.3.1 The Vendor represents and warrants that it has the authority to enter into this Agreement and to engage in work authorized under future Project Approach Plans and has obtained all rights and waivers necessary to grant the rights granted hereunder. In addition, the Vendor warrants that all information provided in the proposal submitted in response to the City's Request for Proposal ("RFP") 209-028 is true and correct and that the Vendor will take all reasonable steps to ensure that the System meets the City's stated goals: a) Interfaces with existing Municipal Court software; b) Improves data entry accuracy; C) Reduces time spent on individual traffic stops; d) Improves workflow processes (reduces redundancy, improves efficiencies); e) Reduces current manual data entry requirements; and Brazos Technology, Hand Held Ticket Writer System Agreement