Res 1992-031 - Laserfiche WebLink

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INTE~~\:)~ Software Maintenance Appendix A-1 Contract No. Software maintenance shall be prCNided under Service Contraa Nor. . subject to the following tenns and conditions: . Sections 1.1, 1.2. 1.4, 2. 3, 4, 8. 11'. 12.1. and 13 of this Service Contract shaN apply to software maintenance. In Section 2 of the Service Contract. "and software" is inserted after "Equipment~. The following additiOnal terms and conditions shall apply to software maintenance: Section 1,3 Definitions: Software - Any and all individual items of software purchased from Intergraph and itemized on Appendix A 85M - Basic Software Maintenance. Applies to initial copy of specified software products. RTE - Right to Extend. RTE pricing applies to the second and additional copies of certain multiple licensed workstation-based products at each site and allows customers to receive coverage at a reduced priCe. Requires a SSM for the same product at the same site. Section 5 Scope 01 Worlf - SoIlware For the charges itemized in Appendix A of this contract. Intergraph agrees to provide software maintenance services to maintain the software in operating condition. 0n-<:aII service will be provided from Intergraph's Huntsville. Alabama office via telephone communications between the hours of 7$ am. and 7:00 p.m. Huntsville time. or via other appropriate media when deemed necessary. If in-depth software maintenance is required, Intergraph may provide on-site services. On call software remedial maintenance provided herein will entitle Customer to the correction of an encountered problem with the current unaltered release of the software Which Intergraph determines to be a defect in software by implementing the following remedial service (on-site when deemed necessary by Intergraph): (1) If the software is inoperable. application of a temporary correction or an attempt to develop an emergency by-pass will be made; and (2) If the software is operable, but not working in proper condition or has been made operable by the implementation of item 1. a program correction will be deYetoped by Intergraph's correction team. Software updates made available by Intergraph will be provided. which will include any changes which have been made to the originally purchased software. These updates wiH be provided on appropriate media and will include documentation and installation procedures. SeNices subject to this contract will be performed only at the site(s) agreed to in Appendix C unless this contract is amended in writing. Section 6 Excluded Servicea - Software Services provided by Intergraph whiCh are deemed to be outside the scope oi and/or specifically excluded by this contract will be invoiced at prevailing per-call rates (portal-ta-portal). The maintenance service to be provided by Intergraph under this contract shall not include maintenance calls which are necessary due to failure of software which was not supplied by Intergraph and not covered in this contract Section 7 WARRANTY - SoItware INTERGRAPH DISCLAIMS ALL WARRANTIES WITH REGARD TO SOFlWARE AND OTHER SERVICES SUPPLIED HEREUNDER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OBLIGATIONS OR LIABILITIES ON THE PART OF INTERGRAPH FOR DAMAGES. INCLUDING. BUT NOT LIMITED TO. CONSEQUENTIAUINCIDENTAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF PERFORMANCE OF THE SOFlWARE.INCLUDING BUT NOT LIMITED TO LOSS OF USE. REVENUE. PROFIT OR DATA Section 10 Access to Software Intergraph shall have full and free access to the software for services subject to the Customer's reasonable security requirements. Intergraph shall have access to and the use of any machines. attachments, features. or other software necessary to provide the maintenance services at no charge to Intergraph. Failure by the Customer to grant Intergraph employees and/or agents access to the software in accordance with the abOve will result in the following: (1) Maintenance seMce will be deemed to have been accomplished; (2) Excess on-call maintenance rates will be charged (portal-to-portal) to the Customer; (3) Intergraph shaH not be responsible for any problems reported or which result from failure to have such access. llllCCIlIlI..o'.