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AQUA-METRIC SALES COMPANY (2)
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AQUA-METRIC SALES COMPANY (2)
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Last modified
8/14/2025 9:59:52 AM
Creation date
12/7/2020 11:30:33 AM
Metadata
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Contracts
Company Name
THIRKETTLE CORPORATION, dba AQUA-METRIC SALES COMPANY
Contract #
A-2020-231
Agency
Public Works
Council Approval Date
11/17/2020
Expiration Date
1/1/1900
Insurance Exp Date
7/1/2026
Notes
For Insurance Exp. Date see Notice of Compliance
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"Maintenance and Support Fees" means the fees for the Maintenance and Support Services set out inSchedule <br />~A~ <br />"Maintenance and Support Services" means maintenance and support services hzbeprovided by8martWodks <br />pursuant hothe terms and conditions ofSchedule "B"; <br />"Open Source License" means terms that, as a condition of use, copying, modification or redistribution of <br />mm#vvore, require that such mm#vvmne and/or derivative works thereof to be disclosed or distributed in source <br />code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge, <br />including without limitation software distributed under the GNU General Public License or GNU <br />Lesser/Library GPL; <br />"Required Hardware" shall have the meaning set out inSection 8(b)� <br />"Required Programs" shall have the meaning set out inSection 6(o)� <br />"Softvvare" means the object code version of the SmadVVorku software products listed in Schedule "A, and <br />includes any Updates or Upgrades that have been provided to Customer as part of the Maintenance and Support <br />Services. Third Party Software is not included in the definition of Software except where this Agreement explicitly <br />states othemvime <br />, <br />~Third Party Software" means third party software products licensed to Customer by the applicable third party <br />licensors. Future Releases of the Software may require alternate third -party software to be upgraded or licensed <br />by Customer, which will be subject to a third party license agreement between Customer and the relevant third - <br />party software licensor; <br />"Updates" means any published changes, additions or corrections to the Software that primarily include aminor <br />modification or enhancement to the Software related to a bug fix, minor additional functionality that SmnrtWorks <br />or its authorized rese||er makes generally available to its customers as part ofits Maintenance and Support <br />Services', <br />"Upgrades" means a major overhaul of the Software which is a complete new published version of the Software <br />that modifies, revises or alters the Software and adds features, functionality or enhancements to such Software, <br />thatSmarhNorka or its authorized rese||armmkea generally available bm its customers subject bmthe payment of <br />additional fees; and <br />"User(s) means any employee orlegal agent ofCustomer <br />b) Schedules <br />The Schedules described below and attached to this Agreement shall bedeemed tobeintegral parts of this <br />Agreement. <br />Schedule "4^ Software, Maximum Meters, Maximum Channe|s, Fees <br />Schedu|e"B, Maintenance and Support Services <br />In the event of any conflict or inconsistency between the terms and conditions in the main body of this Agreement <br />and the terms and conditions in any Schedule, the terms and conditions of the main body of this Agreement shall <br />control unless otherwise expressly stated in the provision giving rise to the conflict or inconsistency. <br />2 Term This Agreement will commence on the Effective Date and shall continue until terminated in <br />accordance with Section 13 (the "Term"). <br />3. Fees <br />In consideration of receiving the license rights granted in this Agreement. and the Maintenance and Support <br />Services, Customer agrees to pay to SmartWorks or its authorized reseller the License Fees, and Maintenance <br />
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