2004-023 Ordinance - Laserfiche WebLink

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City of North Olmsted, N?? xxx xxxx 3 9 Section V. SOFTWARE ISSUES A. PERPETUAL LICENSE FOR SOFTWARE APPLICATIONS It is understood and agreed that CITY will have a perpetual license to the procured application software programs. The first software maintenance fee shall be due for each individual application module one year after installation of the Phase One applications. B. WARRANTIES FOR APPLICATION SOFTWARE VENDOR warrants that the Application Software after modification, but before acceptance by CITY, will meet the functional and performance specifications described in the RFP, Agreement, and Exhibits and Addenda of this Agreement. VENDOR hereby expressly warrants that prior to CITY's acceptance of any deliverables pursuant to this Agreement, all delivered programs, documentation, reports and other items will be properly functioning and compliant with the tenns of this Agreement and the RFP response by VENDOR, Replacement Pages and Addenda. VENDOR's liability with respect to said warranty is limited to the correction of errors and defects in the application software system, which VENDOR shall correct or replace within a reasonable time after written notification of said deficiencies by CITY. VENDOR further expressly warrants that the software systems and their components will be fully compatible with the purchased hardware, including the latest operating system issued by the hardware manufacturer at the time of the final systems delivery, and with one another and as approved and authorized by VENDOR. In the event that the VENDOR or its authorized sub contractor fails or refuses to repair an identified error, deficiency or defect within a reasonable time after written notification by CITY, CITY may, at its option, cause same to be repaired or corrected; and VENDOR shall be required to reimburse CITY for any reasonable costs resulting therefrom. See software manufature warranties. Software will be escrowed. C. APPLICATION LICENSE VENDOR hereby grants to CITY a perpetual license to use all of the applications software furnished to CITY by VENDOR pursuant to this Agreement. D. SOURCE AND OBJECT CODE AVAILABILITY AND ACCESS VENDOR agrees to furnish to CITY a single copy of the source and object code used in the preparation of the Application Software, to run live on the system at all times and said code shall be brought up to date periodically and on the date of delivery. Upon taking possession thereof, CITY agrees that the source code shall not be deemed to be public domain software. There will be no extra charge for the use of the source code. The CITY will be free to modify, alter and maintain the software. It is understood that such management of the software could invalidate the warranties Prepared by Barry Strock Consulting Associates, Inc. O 2004