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(2) MUNIS required foundation software is defined as any software required to run MUNIS.This includes Database <br /> Engine software, Informix 4GL Runtime software, Informix Dynamic 4GL software and 4J's Universal Compiler <br /> Runtime software. <br /> (3) In no case does the OS/DBA contract supply support for any Microsoft Product including the PC operating <br /> system. <br /> g. In cases where multiple installations of foundation software exist for any purpose other than as required for a stand <br /> by or back up server configuration,such as a development installation,only the installation required to run MUNIS is <br /> covered under the standard OS/DBA contract. <br /> h. The scope of the service provided by a standard OS/DBA contract is restricted to the installation and configuration of <br /> MUNIS Application software and MUNIS required foundation software as originally installed on the MUNIS <br /> Application Server. <br /> i. Further services in the category of Windows System Administration are limited to administrative tasks on the installed <br /> Operating System. <br /> j. Further services in the category of Data Base Administration are limited to administrative tasks on the installed <br /> Database Engine software. <br /> 2. Limitations and Exclusions: <br /> a. This Agreement does include the installation and configuration of a new or upgraded server once every two years. <br /> b. This Agreement does not include the installation and configuration of a new Informix Engine. <br /> c. This Agreement does not provide support for software not required to run MUNIS. <br /> e. This Agreement does not provide support for software required but not recommended(i.e.terminal emulation <br /> software that has not been recommended by MUNIS). <br /> 3. CUSTOMER Responsibilities: <br /> a. CUSTOMER shall provide,at no charge to MUNIS,full and free access to the programs covered hereunder:working <br /> space;adequate facilities within a reasonable distance from the equipment;and use of machines,attachments,features, <br /> or other equipment necessary to provide the specified support and maintenance service. <br /> b. CUSTOMER shall install and maintain for the duration of this Agreement,a modem and associated dial-up telephone line <br /> or other connection method acceptable to MUNIS. CUSTOMER shall pay for installation,maintenance and use of such <br /> equipment and associated telephone line use charges. MUNIS at its option,shall use this modem and telephone line in <br /> connection with error correction. Such access by MUNIS shall be subject to prior approval by CUSTOMER in each <br /> instance. <br /> 4. Non-Assignability: CUSTOMER shall not have the right to assign or transfer its rights hereunder to any party. <br /> 5. Excused Non-Performance: MUNIS shall not be responsible for delays in servicing the products covered by this <br /> Agreement caused by strikes,lockouts,riots,epidemic,war,govemment regulations,fire,power failure,acts of God,or other <br /> causes beyond its control. <br /> 6. Limitation of Liability: The liability of MUNIS is hereby limited to a claim for a moneyjudgement not exceeding the total <br /> amount paid by CUSTOMER for services under this Agreement. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED <br /> TO,AND MUNIS SHALL NOT BE LIABLE FOR,INDIRECT,SPECIAL,INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF <br /> ANY NATURE. EVEN iF MUNiS HAS E3EEtv AD�'lSED OF THE POSS!BI�ITY OF SUCH DAMAGES, IRRESPECTIVE OF <br /> THE NATURE OF CUSTOMER'S CLAIM. <br /> VI. General <br /> 1. Governing Law: This agreement shall be govemed by, and construed in accordance with, the laws of the clienYs state of <br /> domicile. The invalidity or unenforceability of any provisions of this agreement shall not affect the validiiy or enforceability of <br /> any other provision. <br /> 2. Modification of this Contract: No modifications or amendment of this Agreement shall be effective unless set forth in writing <br /> and signed by both CUSTOMER and MUNIS. <br /> 3. Suspension: Support and senrices will be suspended whenever CUSTOMER's account is thirty days overdue. Support and <br /> services will be reinstated when CUSTOMER's account is made current <br /> 4. Trademarks:MUNIS and the MUNIS Logo are registered trademarks of MUNIS,Inc. <br /> CUSTOMERS Tyler Technologies, Inc., MUNIS Division <br /> � <br /> /� , <br /> �," � Z/ <br /> nn✓ Richard E. Peterson, Jr., President <br /> ._t r ���� i� � f U Februarv 12, 2010 <br /> Date Date <br /> SCUSTOMER's acceptance signature is optional. Payment of this contract by CUSTOMER signifies acceptance of the terms and <br /> conditions outlined herein.MUNIS will not accept any changes to this contract. <br /> Revised 7/20/2005 <br />