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A V I-L) <br />Software Maintenance Agreement <br />AGREEMENT by and between MOBILE ACCESS SOFTWARE, INC., ("Licensor") having its principal place of <br />business at 7220 Trade Street, Suite 350, San Diego, CA 92121, and The City of Santa Ana, a charter city and <br />municipal corporation organized and existing Linder the Constitution and laws of the State of California ("Customer") <br />having its principal place of business at 20 Civic Center Plaza, Santa Ana, California 92701. <br />WHEREAS, Licensor has licensed to Customer certain software products as specified in the Software License <br />Agreement for product(s) PoliceAccess and PoficeReports ("Software Products"). Customer wishes to have Licensor <br />perform software maintenance set -vices on the licensed products pursuant to the following terms and conditions: <br />Amount of the contract: <br />Licensor agrees to accept as total payment for its <br />services and products mentioned herein, an amount not <br />to exceed $5 1,000,00 during the term of this Agreement, <br />Software Products Covered <br />The software products covered under this Agreement <br />are the Licensor's Software Products listed above and <br />as more fully described in the Software License <br />Agreement, and as updated with improvements or <br />modifications furnished to Customer under the <br />Warranty Agreement or this Software Maintenance <br />Agreement. <br />Corrections <br />During the term of this Agreement, Licensor shall <br />provide the services necessary to remedy any software <br />error which is attributed to Licensor and which <br />significantly affects use of the Software Products for <br />the purposes defined in the product specification or the <br />contract Functional Specification Document and is <br />reproducible and verified by the Licensor ("Software <br />Error"). Such services shall be accomplished in <br />accordance with the priority system outlined below <br />after Customer has identified and notified Licensor of <br />any Such error in accordance with Licensor's reporting <br />procedures. <br />Licensor shall provide service and support from 8:00 <br />AM until 5:00 PM Monday through Friday, holidays <br />excepted. <br />Priority One <br />Critical Software Errors: Software Errors that prevent <br />or substantially interfere with operation of the <br />Deliverables for their primary intended purpose on a <br />system wide basis, as described in the Functional <br />Specification Document, such as those errors that can <br />cause loss of data or prevent the product from running. <br />Response: Upon receipt of notification from Customer, <br />Licensor shall respond within the next four (4) hours of <br />the business day followed by action to fix the problem as <br />soon as reasonably possible, including, where feasible, <br />providing a workaround for the problem pending such <br />resolution. <br />PriorityTwo <br />Major Software Errors: Software Errors that do not <br />prevent or substantially interfere with operation of the <br />Deliverables for their primary intended purpose or are <br />not system wide, but that do prevent or materially <br />interfere with end User performance of common <br />functions described in the Functional Specification <br />Document <br />Response: Licensor shall respond within the next eight <br />(8) hours of the business day(s), followed by action to <br />provide a workaround and/or a fix via an upgrade to the <br />Deliverables within a reasonable time, taking into <br />consideration the effect of the Software Error on <br />Customer's operation of the Deliverables. <br />Priority Three <br />Minor Software Errors: All other Software Errors not <br />described above, <br />Response: Licensor shall call back within five (5) <br />business days, and provide correction within a <br />reasonable time, taking into consideration the nature <br />of the error, the effect upon operation of the <br />Deliverables, and the reasonable requests of the <br />Customer with respect to such correction. Where <br />appropriate, under such circumstances, correction may <br />occur in a scheduled upgrade to the Deliverable. <br />Notification by Customer <br />Licensor shall provide a soft copy of a form, the <br />Software Error Notification Form ("Form"), to the <br />Customer. The Customer shal I provide the <br />information requested on the Form and transmit the <br />Form by c-mail or fax to one of the following <br />numbers. <br />E-mail: s u pport@i)rnasi web, corn <br />Fax: (858) 586-1798 <br />Receipt of the notification by either method outlined <br />above will trigger the response times required Linder <br />the previous paragraph, <br />