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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)
<br />INFORMATION TECHNOLOGY
<br />GENERAL TERMS AND CONDITIONS
<br />u) Operational Use Time —For performance measurement ff) System – The complete collection of hardware, software,
<br />purposes, that time during which equipment is in actual and services as described in this Contract, integrated and
<br />operation by the State. For maintenance operational use functioning together, and performing in accordance with this
<br />time purposes, that time during which equipment is in Contract.
<br />actual operation and is not synonymous with power on
<br />time. 2. Documentation
<br />v) Performance Testing Period —A period of time during which
<br />the Slate, by appropriate tests and production runs,
<br />evaluates the performance of newly installed equipment and
<br />software prior to its acceptance by the State.
<br />w) Period of Maintenance Coverage —The period of time, as
<br />selected by the State, during which the contractor provides
<br />maintenance services for a fixed monthly charge, as
<br />opposed to an hourly charge for services rendered. The
<br />Period of Maintenance Coverage consists of the Principal
<br />Period of Maintenance and any additional hours of coverage
<br />per day, andlor increased coverage for weekends and
<br />holidays.
<br />x) Preventive Maintenance —That maintenance, performed on
<br />a scheduled basis by the contractor, which is designed to
<br />keep the equipment in proper operating condition.
<br />y) Principal Period of Maintenance —Any nine consecutive
<br />hours per day (usually between the hours of 7:00 a.m. and
<br />6:00 p.m.) as selected by the State, including an official
<br />meal period not to exceed one hour. Monday through Friday,
<br />excluding holidays observed at the installation.
<br />z) Programming Aids — Contractor- supplied programs and
<br />routines executable on the contractor's equipment which
<br />assists a programmer in the development of applications
<br />including language processors, sorts. communications
<br />modules, data base management systems, and utility
<br />routines, (tape -to -disk routines, disk -to -print routines, etc.).
<br />as) Program Product — Programs, routines, subroutines, and
<br />related items which are proprietary to the contractor and
<br />which are licensed to the State for its use, usually on the
<br />basis of separately stated charges and appropriate
<br />contractual provisions.
<br />bb) Remedial Maintenance —That maintenance perfomed by
<br />the contractor which results from equipment ( including
<br />operating software) failure, and which is performed as
<br />required, i.e., on an unscheduled basis.
<br />cc) Site License —For each product, the term "Site License" shall
<br />mean the license established upon acquisition of the
<br />applicable number of copies of such product and payment of
<br />the applicable license fees as set forth in the purchase order
<br />or Statement of Work.
<br />do) Software —An all- inclusive term which refers to any
<br />computer programs. routines, or subroutines supplied by the
<br />contractor, inducing operating software, programming aids,
<br />application programs, and program products.
<br />ee) Software Failure —A malfunction in the contractor- supplied
<br />software, other than operating software, which prevents the
<br />accomplishment of work. even though the equipment
<br />(including its operating softwarel may still be capable of
<br />operating properly. For operating software failure, see
<br />definition of equipment failure.
<br />February 2001 12
<br />a) The contractor agrees to provide to the State, at no charge,
<br />a number of all nonproprietary manuals and other printed
<br />materials, as described within the purchase order or
<br />Statement of Work, and updated versions thereof, which are
<br />necessary or useful to the State in its use of the equipment
<br />or software provided hereunder. The contractor agrees to
<br />provide additional documentation at prices not in excess of
<br />charges made by the contractor to its other customers for
<br />similar documentation.
<br />b) If the contractor is unable to perform maintenance or the
<br />State desires to perform its own maintenance on equipment
<br />purchased under this contract then upon written notice by
<br />the State the contractor will provide at contractors then
<br />current rates and fees adequate and reasonable assistance
<br />Including relevant documentation to allow the State to
<br />maintain the equipment based on contractor's methodology.
<br />The contractor agrees that the State may reproduce such
<br />documentation for its own use in maintaining the equipment.
<br />If the contractor is unable to perform maintenance, the
<br />contractor agrees to license any other contractor that the
<br />State may have hired to maintain the equipment to use the
<br />above noted documentation. The State agrees to include
<br />the contractor's copyright notice on any such documentation
<br />reproduced, in accordance with copyright instructions to be
<br />provided by the contractor.
<br />3. Limitation of Liability
<br />a) Contractors liability for damages to the State for any cause
<br />whatsoever, and regardless of the form of action, whether in
<br />contract or in tort, shall be limited to the greater of $200.000
<br />or the purchase price stated herein that are the subject
<br />matter of or are directly related to the cause of action. In
<br />those instances where contractor has failed to perform as
<br />called for by the contract, the Limitation of Liability provided
<br />above shall not limit any right to recover the 'Cost to Cover.'
<br />'Cost to Cover' means the cost of procuring a machine or
<br />machines of equivalent (not greater) capability, function, and
<br />performance, less the contractor quote price.
<br />b) The foregoing limitation of liability shall not apply to the
<br />payment of costs and damage awards referred to in the
<br />Paragraph of the General Provisions, entitled "Patent,
<br />Copyright, and Trade Secret Protection', to claims covered
<br />oy other specific provisions calling for liquidated damages or
<br />specifying a different limit of liability, or to claims for injury to
<br />persons or damage to property caused by contractor's
<br />negligence. This limitation of liability does not apply to the
<br />receipt of court costs or attorney's fees that might be
<br />awarded by a court in addition to damages after litigation
<br />based on this contract.
<br />c) State's liability for damages for any cause whatsoever, and
<br />regardless of the form of action whether in contract or in tart.
<br />excluding negligence, shall be limited to the greater of
<br />5200.000 or the ourchase price stated herein that are the
<br />subject matter of or are directly related to the cause of
<br />action,.
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