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<br />rules, technology, industry practices, patterns of system use, Updates and Upgrades, and availability of third -party
<br />services.
<br />7. Maintenance; Modifications; Support Services
<br />a) Maintenance. Updates. Upgrades. NEOGOV maintains NEOGOV's hardware and software infrastructure for
<br />the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database
<br />security. NEOGOV may in its sole discretion, periodically modify. Update, and Upgrade the features.
<br />components, and functionality of the Services during the Tenn. "Update" means any update, bug fix, patch or
<br />correction of [he Services or underlying NEOGOV software [flat NEOGOV makes generally available [o its
<br />customers of the seine module, excluding Upgrades. Updates are aututnatic and available upon Customer's
<br />next login to the Services following an Update at no additional cost to Customer. "Upgrade" means any update
<br />of the Services or underlying NEOGOV software such as platform updates, and major product enhancements
<br />and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to
<br />provide Upgmdas to customars and retains the right to offer Upgrades fray of cost or on a par rustnmar basis
<br />at additional coat. NEOGOV shall have no liahility for, or any nhligations to, investments in, or modifiratinns
<br />to customer hardware, systems or Other software which may be.. necessary to use or access the services
<br />due to a modification, Update, or Upgrade of the Services.
<br />b) Training Materials; Support. Primary training of NEOGOV Services is conducted by self -review of online
<br />malerials. NEOGOV's pre -built. online training consists of a series Of LuLOn is to introduce the standard
<br />fealures and funclion , ([he 'Training Material;). The Training Materials may be used as reference material
<br />by Customer Personnel conducting day-to-day activities.
<br />c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the I raining
<br />Materials and is conducted Off-sitC unless otherwise agreed in the Ordering Do(:ument. NEOGOV personnel
<br />will provide consultation on best practices for setting up the Services, answer Customer questions during the
<br />implementation period, and ensure Authorized User Admina grasp the system.
<br />(1) Support. Phone supportfortlic Services is available to Customer Monday1hrough Friday, cxcluding NEOGOV
<br />holidays. Online support for the Services is available 24 hours a day, seven days a week. The length of time
<br />for a resolution of any problem is dependent on the type of case.
<br />e) Limitations. Unless otherwise specified in the Ordering Document, this Agreement does not obligate NEOGOV
<br />to render any rnai ntena rice or support services that are not expressly provided Herein, including, but not limited
<br />to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting,
<br />SQL dump, or process consultation.
<br />8. NEOGOV Intellectual Property. NEOGOV shall exclusively own all right, title and interest in and to all pre-existing
<br />and future intellectual property developed or delivered by NEOGOV including all Services, products, systems,
<br />software (including any source code or object code) or Service Specifications related thereto. Updates or
<br />Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary
<br />rights embodied therein (collectively, the "NEOGOV Intellectual Property"). This Agreement does not convey or
<br />transfer title or ownership of [he NEOGOV Intellectual Property to Customer or dny of its users. All rights riot
<br />expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all
<br />use of NEOGOV Trademarks must be pre -approved by NEQGQV prior to use. Trademarks shall include any word,
<br />name, symbol, color, designation or device, or any combination thereof that functions as a source identifier,
<br />including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or
<br />not registered.
<br />9. Data Processing and Privacy.
<br />a) Customer & Platform Data. "Customer Data" shall mean all data that is owned or developed by Customer.
<br />whelher provided to NEOGOV by Customer or provided by a third party [o NEOGOV in conneclion will)
<br />NEOGOV's provision of Services to Customer. including Personnel or Job Seeker Profile Data collected.
<br />loaded into, or located in Customer data files maintained by NEOGOV. NEOGOV intellectual property,
<br />including but not limited to the Services and all derivative works thereof, NEOCOV Confidential Information.
<br />and Platform Data do not fall within the meaning of the term Customer Data Customer exclusively own all
<br />right, titlC, and intorest in and to all Customer Di ter. Customer gri nts NEOGOV c license t0 host, usc, process,
<br />display, create non -personal derivative works of, and trq nsmit Customer Data to provide the Servires.
<br />"Platform Data' shall mean any data reflecting the access or use of the Services by or on behalf of Customer
<br />or any user, including Statistical Or Other analysis and performance information related to the provision and
<br />City Council 21 — 6 6/15/2021
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