Laserfiche WebLink
, 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. Year 2000(Y2K)compliance of any covered OS or 3'"party sofiware package is not included.Year 2000 readiness <br /> issues for MUNIS software and MUNIS required foundation soflware are being addressed through a separate <br /> initiaUve,and are not specifically covered under the standard OS/DBA contract. <br /> d. 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 COMPANY). <br /> 3. CUSTOMER Responsibilities: <br /> a. CUSTOMER shall provide,at no charge to COMPANY,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 /> CUSTOMER shall pay for installation, maintenance and use of such equipment and associated telephone line use <br /> charges. COMPANY at its option, shall use this modem and telephone line in connection with error correction. Such <br /> access by COMPANY shall be subject to prior approval by CUSTOMER in each 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: COMPANY 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 COMPANY is hereby limited to a claim for a money judgement 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 COMPANY SHALL NOT BE LIABLE FOR,INDIRECT,SPECIAL,INCIDENTAL,OR CONSEQUENTIAL DAMAGES <br /> OF ANY NATURE. EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, <br /> IRRESPECTIVE OF 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 /> domiale. The invalidity or unenforceability of any provisions of this agreement shall not affect the validity 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 COMPANY. <br /> 3. Suspension: Support and services 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 /> CUSTOMER' MUNI,�� <br /> ��%��, � , <br /> e arman � i y ana er <br /> March 2, 20 4 �-�� ��Y?�-��, <br /> ���� ���t_��-k <br /> Date Date <br /> ATTEST: <br /> �G� ��� <br /> City Clerk <br /> 'CUSTOMER's acceptance signature is optional. Payment of this contract by CUSTOMER signifies acceptance of the terms and <br /> condiGons outlined herein.COMPANY will not accept any changes to this contract. <br />