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<br /> 70 <br /> SOFTWARE MAINTENANCE AGREEMENT <br /> BETWEEN <br /> Heron, Inc. <br /> And <br /> City of San Marcos <br /> This Agreement entered into this ~th day of November 1.993, by <br /> - , <br /> and between The City of San Marcos (Client) with principal offices <br /> at 630 East Hopkins, San Marcos, TX 78666 and Heron, Inc. ( Heron, <br /> Inc. ), a North Carolina corporation, with principal offices at 21.4 <br /> North Church Street, Charlotte, North Caro1ina 28202, for and in <br /> consideration of the payments, covenants, and mutual undertakings <br /> hereinafter, set forth the parties do hereby agree and contract <br /> with each other as fo1lows: <br /> ARTICLE 1.:ENGAGEMENT: Client hereby engages Heron, Inc. to <br /> maintain the Licensed Software in Exhibit A pursuant to the terms <br /> and conditions of this Agreement and Heron, Inc. hereby agrees to <br /> provide the availability of maintenance services as set forth <br /> herein. This Agreement supersedes any prior mainte:qance agreements - <br /> for software and any maintenance provisions in any prior Hardware <br /> and Software Agreements between Client and Heron, Inc. or Network <br /> Computing Corporation. <br /> ARTICLE 2:EXHIBITS: Attached hereto and made a part hereof for all <br /> purposes are the following Exhibits: <br /> Exhibit A:Licensed Software Listing Schedule <br /> Exhibit B:Services <br /> ARTICLE 3:DEFINITIONS: The following terms are defined for the <br /> purpose of this Agreement as follow~: <br /> (A) "Licensed Software" - shall mean any set of machine readable <br /> and executable instructions and data (Program) in both source <br /> and object code provided to Client by Heron, Inc. pursuant to <br /> the License Schedule, including the design, technology, <br /> architecture, logic, conventions, file layouts, screen <br /> formats, commands and printed form designs for all such <br /> programs, and all Updates, r-lodifications, Enhancement:s and <br /> Releases of the same. <br /> (B) "Licensed Materials" - shall mean documentation and materials <br /> related to the Licensed Software including but not limited to <br /> flowcharts, sample runs, operations description, user manuals, <br /> and sales literature. <br /> (C) "Designated Equipment" - shall mean the Central Processing <br /> 1 <br />