Res 2009-171 - Laserfiche WebLink

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f) Improves customer service. In addition, the Vendor warrants that any future Project Approach Plan accepted by the City for the procurement of additional Products and/or Services will be true and correct and the procurement will meet the stated goals of the specific Project Approach Plan. 1.3.2 That it will honor a complete warranty on all software products and Services included in the System and as may be purchased in the future for a period of one year from the date of acceptance of any such software products and Services. In addition the Vendor will provide support services as set forth in this Section 1.3 and in the Software Maintenance Agreement for the software products included in the System as referenced in the attached Project Approach Plan #1. In addition, the Vendor will provide software support services in accordance with this Agreement for the applicable warranty period established in any subsequent Project Approach Plan for any Products purchased by the City in the future. 1.3.3 Commencing on the acceptance date identified in the applicable Project Approach Plan, any Products provided by the Vendor to the City under this Agreement, including subsequent Project Approach Plans will be free from defects in material and workmanship, will be merchantable and will conform to manufacturer specifications under normal use for the warranty period as stipulated in subsection 1.3.2 above. 1.3.4 That the City will have quiet enjoyment of all computer software and hardware that may be provided by the Vendor under this Agreement, and that no change in the organization, structure or ownership of the Vendor will in any way interfere or diminish the City's use, possession and enjoyment of the software and hardware. 1.3.5 That any training the Vendor provides as part of any Project Approach Plan will be sufficient to enable the City's staff to use fully any Products for the City's intended purposes. 1.3.6 Warranty for Correction of Defects in Software. The Vendor warrants that all software products provided by the Vendor to the City under this Agreement will meet each of the requirements and representations described in this Agreement including any subsequent Project Approach Plan including without limitation all representations of the Vendor included in the Vendor's proposal and the attachments referenced under this Article 1. In addition, the Vendor warrants that its installed software products will perform free of defects that would prevent them from operating in the manner described in this Agreement or any other Vendor provided documentation for the version installed. Upon notification of a defect during the warranty period, Vendor will have the option to repair or replace the defective software. In the event that the Vendor is, after reasonable efforts, unable to replace or repair software so that it operates as warranted, the Vendor will issue a refund for the actual dollar amounts paid for the software upon its receipt of the defective software from the City. The City understands and acknowledges that the Vendor does not warrant that any Product provided by it will operate uninterrupted or error free. In addition, the City acknowledges that the software is not immune to computer viruses, network interference, or fraudulent or unauthorized access and consequently the Vendor does not make an express or implied warranty against such occurrences. The City understands that it will be solely responsible for all data back-up and data retention prior to, during and after Brazos Technology, Hand Held Ticket Writer System Agreement 6