Res 2004-174 - Laserfiche WebLink

Home Browse Search

I I I 13. Warranty for Correction of Defects in Software and Hardware 13.1 The Library Corporation does not warrant that the operation of the Licensed Software will be uninterrupted or Error-free or that all program defects can be corrected. 13.2 However, The Library Corporation warrants that all computer software and hardware provided by The Library Corporation under this Agreement will meet each of the requirements and representations described in this Agreement, including without limitation all representations of The Library Corporation included in The Library Corporation's proposal. If errors or deficiencies are discovered after the date of the formal acceptance of the software and hardware by the City, The Library Corporation warrants that it will correct the defects without charge to the City, for a period of one (1) year. This correction will take the form of software or hardware additions, modifications, or deletions, or the provision of substitute software or hardware which meets the system functions as specified in this Agreement. All software and hardware additions, modifications, and substitution will integrate fully with other software and hardware packages in the system. 14. Software Support and Maintenance. 14.1 Telephone support and Licensed Software Updates will be provided as part of the annual Software support service fee, as provided for in Schedule G of this Agreement. The initial cost of the Software includes first-year Software support. Payment of the annual Software support fee entitles the Licensee to continued use of the Software. 14.2 Licensed Software Updates will be made available periodically. Revisions and enhancements to the Software are provided on magnetic tape, diskette, or compact disc or via telecommunications, depending on the Software and data used. The City is responsible for implementing all Licensed Software Updates. All mandatory Licensed Software Updates must be installed within one (1) year of their release to ensure proper program performance and continued support. Failure by the City to install Licensed Software Updates within the agreed time frame may result in the termination of program service and maintenance or in the increase of program service and maintenance fees where appropriate. 14.3 The Library Corporation agrees to notify the City at least 12 months prior to the release of a mandatory Licensed Software Update that would require a Hardware enhancement. 14.4 The Library Corporation reserves the right not to release Licensed Software Updates to the Software during the term of this Agreement. Failure to release Licensed Software Updates to the Software does not constitute default on the part of The Library Corporation because of the continuation of the right to use telephone support and other support-related services. 14.5 If The Library Corporation determines that a Software Update requires additional or revised Documentation, one copy of such Documentation will be provided to the Licensee. At the option of The Library Corporation, this Documentation may take the form of new manuals, replacement pages to existing manuals, manual addenda, machine-readable text, or any combination of these methods. 14.6 After a period of five years from the date of the execution of this Agreement, The Library Corporation may discontinue Software support upon two years written notification to the Library, September 2, 2004 Library Contract Page 7 of 29