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R95-163 ACCEPTING THE PROPOSAL AND AUTHORIZING CONTRACT
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R95-163 ACCEPTING THE PROPOSAL AND AUTHORIZING CONTRACT
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Resolution/Ordinance
Res Ord Num
R95-163
Res Ord Title
ACCEPTING THE PROPOSAL AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR EMERGENCY SERVICES SOFTWARE AND SUPPORTING EQUIPMENT AND SERVICES
Approved Date
11/6/1995
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"Acceptance"shall mean that the installed/loaded Licensed Program(s)has gone through the program testing and acceptance <br /> period as described in Section VI. <br /> "Support Services"shall mean the maintenance and support call service provided to customers,if the option is exercised, <br />� after the ninety(90)day warranty period has expired. <br /> II. LICENSE <br /> The license granted under this Agreement permits the Customer to: <br /> a. Use the Licensed Program(s)on the designated Machine(s). <br /> b. Copy or translate the Licensed Program(s)in machine readable or printed form to provide sufficient copies to <br /> support the Customer's use of the Licensed Program(s)as authorized under this Agreement. <br /> c. Transfer the Licensed Program(s)to a back-up CPU to be used when the designated CPU is tempararily <br /> inoperable. <br /> d. Modify any Licensed Program(s)to form an updated work for the Customer's use,provided that: <br /> 1. The Customer supplies HTE-PSI with written notification of the modification. <br /> 2. The modification is made according to the HTE-PSI conventions of the HTE-PSI Modification <br /> Library and not to the base system. <br /> The Licensed Program should not be reverse assembled or reverse compiled in whole or in part. <br /> Failure to modify the programs in the manner prescribed may negate the ability to maintain the Licensed <br /> Program(s)by HTE-PSI and will relieve HTE-PSI of any responsibility to provide support services. Any <br /> updated work using portions of the Licensed Program(s)that meets the above criteria will continue to be subject <br /> to all terms of this Agreement. <br /> e. Have access to a copy of the Licensed Program(s)Soarce Code,subject to the provisions of Sections VIII, IX,X <br /> and XII of this Agreement. <br /> III. TERM <br /> This Agreement is effective from the date on which it is signed by both parties and will remain in effect until terminated by <br /> the Customer,upon one(1)month written notice or by HTE-PSI as stated in this section. This Agreement may be terminated <br /> by the Customer only when all Licensed Programs have been returned to HTE-PSI or destroyed. An authorized <br /> representative of HTE-PSI,upon request,shall be afforded sufficient access to Customer's premises to verify that all use of <br /> Licensed Program(s)have been discontinued. Notice of discontinuance of any or all licenses shall not be considered notice <br /> of termination of this Agreement unless specifically stated. <br /> License(s)granted under this Agreement may be discontinued by the Customer upon written notice,effective immediately, <br /> during the testing period described in Section VI. <br /> HTE-PSI may discontinue any license or terminate this Agreement upon written notice immediately if the Customer fails to <br /> comply with the terms and conditions of this Agreement. <br /> IV. HTE-PSI SUPPLIED PRODUCT(S)AND/OR SERVICES <br /> HTE-PSI shall supply the Licensed Program(s)specified in the Supplement. In addition,HTE-PSI shall supply related <br /> services and/ar maintenance,and may supply specialized hardware products necessary for the performance of certain special <br /> features or functions. These services and deliverables,if any,shall be identified and more specifically described in the <br /> Supplement and Schedule(s),and shall constitute the complete list of deliverables provided by HTE-PSI. <br /> 2 <br />
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