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Home My WebLink About5285Contract Number Vendor: Sub�ect: Department: File Class: Begin Date End Date. Review Date: Vault Date: 5285 CITEZONE User License and Maintenance Agreement City Clerk LEG 12-1 8/28/2013 9/1/2015 Comments• CiteZONE.com USER LICENSE and MAINTENANCE AGREEMENT This User License and Maintenanoe Agreement is made by CiteZONE.com, LLC, hereinafter refemed to as "Contractor" and Brernerton, hereinafter referred to as "Agency" and entered into day of��r�� 2013. and befinreen the C�� of this _ d ' _ The parties hereto intend by this Agreement to provide for the use� support and maintenance of the Citation Issuance System hereinafter known as "tssueZONE° and/or °System". The Contractor ofFers this Agreement with every system purchased or leased. This Agneement is ofFered as an additional serrnce to our customers to provide the most trouble-free, efficient and cost-effective maintenance for the systems. This Agr�ment provides the following featur�es: IssueZONE comprises a complete System of harclware and soflware for the issuing of administrative� parking, traffic and other types of citations. 1. Hardware. If the System hardware is purchased directly from the manufacturer or their dis4ributor the warranty and maintenance agreements for the ha►dware are purchased from, and provided directly through� the original manufacturers of the harcJware. The Contractor does provide support assistance to the Agency for the coordination of repairs with the manufacturers. If the System is leased from the Contractor the support and maintenance of the hardware will be coordinated directly through the Contractor. 2. Sof�ware. Whether the soRware is purchas�i or leased from the Contractor the support and maintenance of the har�dware will be provid� directiy through the Contractor. The software is protected under the United States copyright Iaws and therefor�e must be tr+eated ac�rciingly. The software is not to be copied or reproduced in any form for any reason. Software provided for installation on the Agency PC or Network Server may be oopied for archival purposes only and may not be used on mor+e central processing units (CPU) concurrently, than the number of licenses purchased, without prior wntten permission for Contractor. The licenses are for the sole use of the Agency and cannot be used by, or for� any other agency or department without the prior written appr+oval of Contractor. In the event of loss, misplacement or damage of the original software or archive copies� Contractor wili provide an additionai oopy upon request, at an appropriate cost for CoMractor time and materials to produce and deliver such oopy. Any misuse, tampering or copying the software� or any other r�eproductions not speafically authorized by Contractor, will violate and void this Agreement. Contractor Is not and cannot be responsible for the installatfon� maintenance or any type of support for the AAS Windows Operating Systems, Data Base Service Software or any other third party software or hardware. C�te�a�G.com Contractor shall not in any case be liable for special, incidental� consequential, direct or indirect costs, including, but not limited to� those incurred as a result of loss of profds or revenue� loss of use of any computer program� loss of data� oosts of recreating data, costs of any substitute programs or for other similar costs. 3. Hardware Loaner Support. Loaner hardware will be provided by the Contractor, at NO COST, anytime hardware repair work by the manufacturer will take longer than one (1) week. !t is the responsibility of the Agency to do two things: 1) piace a call to the original manufacturer or distributor to get a verbal consultatlon on the probiem, and 2) if it is deemed necessary to send the hardware unit in for repair, a Retum Material Authonzation (RMA) number MUST be issu�! to the Agency by the manufacturer or distributor. Failur�e to obtafn an RMA number wtll hfnder the turnaround time of the repalreal unl� The hardware unit for repair should be sent SECOND DAY AIR, referenang the RMA number on the outside of the shipping carton. If determined the repair will take longer than one (1) week� and Upon Request, a LOANER UNIT will be sent to the Agency by the same method. Retum of the LOANER UNIT must also be made via SECOND DAY AIR. The Agency is responsible for all shipmeMs, inciuding costs to the repair facdity. 4. Equipment by Other Manufacturers. If the Agency purchases any hardware, PC or other compatible equipment to be used as part of this System, through Contractor� or elsewhere, then the original manufacturer must provide warraMies and maintenance of such equipment. If the System is leased� through Contractor, or elsewhene, then the original manufacturer must provide warranties and maintenance of such equipment. The Contractor wrfli provide consultation and rec:ommendations on corrective actions which may be necessary. 5. Sofrware Upgrades. If the Agency purchases or leases the System, inGuding purchase or lease of other systems for later expansion, software enhancements provided at Contractor's discretion to repair a problem or corred System operation will be provided at no additional cost, as long as the warranty and/or maintenance period has not expired. Contractor does not normally institute changes in existing versions of soflware to correct problems unless it is the most expedient solution to the problem. Rather, Contractor will provide the latest released version of the softwar�e compatible with the Agenc�s oomputer and neiwork environment to remedy the problem. It is Contractor's sole discxetion as to which version of software will be installed, as long as all functionality of the Agency System is maintained. 6. Exclusions. This Agreement shall become invalid if the product hardware or soflware is abused, misused or altered. The original warranty and this Agreement do not cover damage due to abuse� neglect or improper use. Remote access to the System, via the Intemet, must be available to Contractor's technical staff in order for the warranty and this /�qreement to be valid. CiteZO�fE.com First response under this Agreement will be via the Intemet. If the problem cannot be resoMed� by telephone or retuming the failed component for repair, a customer service r�epresentative wiil respond to the Agency site. If Contractor diagnosis of a malfunction of the System indicates the problem was caused by har�dware or software not under warrarrty or this Agreement, such as, but not limited to the Agency harctware which may be running the System or other hardware or software of the Agency operating on the same PC or Neiwork as Contractor System, the Agency will be billed at Contractor's hourly rate for time, plus materiais and travei expenses. for Contractor diagnosis and investigation of the maifunction. if the wananty and/or any subsequent maintenance agreement, on any hardware or software expires, an additional System checkout will be required and the fee will be charged to Agency before approval and issue of any new service agreement. 7. Normal Usage. The Agency agrees not to alter the System oomponents in any manner and agrees to operate them under normal working conditions. if any component should � damaged, while in the possession of the Agency� by other than normal usage, the repair cost will be the cument manufacturer's price for repair of the damaged component. If any component should be lost or stolen the replacement cost will be the cument manufacturer's price to replace the lost or stolen component. 8. Notices to Pafies. Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage-paid, first- class, a notice addressed to the following: A9ency: Ms. Shannon Corin Clty of Bremerton 345 6�' Str�eet, Suite 600 Bremerton, WA 98337 Contractor. Ms. Melissa WarcJ CitieZONE.com 23151 Vendugo Drive, Suite 202 Laguna Hills� CA 92653 The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authonzed representathres. It is the intent of the Parties that this Agreement shall become operative on the Effective Date first set forth above. re on: asa Finance Dlrector CiteZONE. m: Gary . ard, Ph.D. Chairman 3