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<br />.90 <br /> <br />Network Computing Corporation <br /> <br /> <br /> <br />SOFrW ARE MAINTENANCE AGREEMENT <br /> <br />BETWEEN <br /> <br />Network Computing Corporation <br /> <br />And <br /> <br />! ~~~~~ <br /> <br />This Agreement entered into this 13th day ofJu1 y 1993, by and between City of San Marcos <br />(Client) with principal offices at 630 East Hopkins, San Marcos, Texas 78666 and Network Computing <br />Corporation (NCC), a North Carolina corporation, with principal offices at 5301 77 Center Drive, <br />Charlotte, North Carolina 28217, for and in consideration of the payments, covenants, and mutual <br />undertakings hereinafter, set forth the parties do hereby agree and contract with each other as follows: <br /> <br />ARTICLE 1: ENGAGEMENT: Client hereby engages NCC to maintain the Licensed Software made <br />available to Client by NCC or Network Computing Corporation pursuant to a separate "Software License <br />Agreement" made and entered into between the parties hereto dated July 13 , 1993 (License <br />Agreement) pursuant to the terms and conditions of this Agreement and NCC hereby agrees to provide the <br />availability of maintenance services as set forth herein. This Agreement supersedes any prior maintenance <br />agreements for software and any maintenance provisions in any prior Hardware 'and Software agreements <br />between Client and NCC or Network Computing Corporation. <br /> <br />ARTICLE 2: EXHIBITS: Attached hereto and made a part hereof for all purposes are the following <br />Exhibits: <br /> <br />Exhibit A: Licensed Software Listing Schedule <br />Exhibit B: Designated Equipment Schedule <br />Exhibit C: Hourly Rates for Services <br />. Exhibit D: Level I Services <br />1 Exhibit E: Level II Services , <br /> <br />In the event of any conflict between the provisions of this Agreement and the provisions of any Exhibit, the <br />provisions of this Agreement shall govern. <br /> <br />ARTICLE 3: DEFINITIONS: The following terms are defined for the purpose of this Agreement as <br />follows: <br /> <br />(A) "Licensed Software" - shall mean any set of machine readable and executable instructions and data <br />(program) in both source and object code provided to Client by NCC pursuant to the License <br />Agreement, induding the design, technology, architecture, logic, conventions, tile layouts, screen <br />formats, commands and printed form designs for all such programs, and all Updates, Modifications, <br />Enhancements and Releases of the same. <br /> <br /> <br /> <br /> <br /> <br />1 <br />