BENTLEY SYSTEMS INC. - 2003 - Laserfiche WebLink

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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) INFORMATION TECHNOLOGY SOFTWARE SPECIAL PROVISIONS AGENCIES SHOULD DEVELOP AND INCLUDE A STATEMENT OF 4. Maintenance WORK (SOW) WITH THE PURCHASE ORDER. a) The correction of any residual errors in any Software Product 1. License Grant that may be discovered by contractor or by the State will be considered maintenance. Such maintenance -will be a) Contractor hereby grants to the State and the State accepts performed by contractor without additional charge for the from contractor, subject to the terms and conditions of this duration of this contract. Suspected errors discovered by the contract, a non - exclusive, non - transferable license to use the State in the Software Products will be handled by the Software Products listed in the purchase order or Statement following procedures: of Work of this contract (hereinafter referred to as "Software i) A listing of the output and a copy of the identical input Products "). data in machine - readable form will be submitted to contractor along with a completed copy of the b) State may use the Software Products in the conduct of its appropriate contractor information form and, if own business, and any division thereof. appropriate, a listing of the contents of the memory of the CPU at the time the error condition was noted. c) The license granted above authorizes the State to use the it) Errors in the Software Product as verified by contractor Software Products in machine - readable form on the will be corrected by providing a new copy of said computer system located at the site(s) specified in the Software Product (or of the affected portions) in purchase order or Statement of Work. Said computer machine - readable form. system and its associated units (collectively referred to as iii) The contractor shall attempt to correct Software CPU) are as designated in the purchase order or Statement Product errors within a reasonable time. of Work. If the designated CPU is inoperative due to malfunction, the license herein granted shall be temporarily b) Contractor will be available to assist the State in isolating extended to authorize the State to use the Software and correcting error conditions caused by the State's Products, in machine - readable form, on any other State CPU particular hardware or operating system at rates in until the designated CPU is returned to operation. accordance wit the contract. d) By pror written notice, the State may redesignate the CPU c) If contractor is called upon by State to correct an error in which the Software Products are to be used. The caused by State's negligence, modification by State, State redesignation will be effective upon the date specified in the supplied data, machine or operator failure, or due to any notice of redesignaticn. other cause not inherent in the original Software Products, contractor reserves the right to charge State for such service 2. Encryption /CPU ID Authorization Codes at rates provided in the contract. a) When Encryption/CPU Identification (ID) authorization codes 5. Acceptance of Software are required to operate the Software Products, the contractor will provide all codes to the State with delivery of the The State shall be deemed to have accepted each Software software. Product unless State, within thirty (30) days from the Installation Date, gives contractor written notice to the effect that the b) In case of an inoperative CPU as defined in paragraph 1c. Software Product fails to conform to the functional and above, contractor will provide a temporary encryption /CPU performance specifications of this contract. Contractor will, upon ID authorization code to the State for use on a temporarily receipt of such notice, investigate the reported deficiencies. The authorized CPU until the designated CPU is returned to rights of the parties shall be governed by the following: operation. a) If it is found that the Software Product fails to conform to the c) When changes in designated CPUs occur, the State will contract requirements, and contractor is unable to remedy notify the contractor via telephone and /or facsimileie -mail of the deficiency within the timeframe identified in the purchase such change. Upon receipt of such notice, contractor will order or Statement of Work, State shall return all material issue via telephone and /or facsimileie -mail to the State furnished hereunder. The State shall have the option of within 24 hours, a temporary encryption ID authorization accepting substitute software (as available in the CMAS code for use on the newly designated CPU until such time contract), terminating this portion of the contract, or as a permanent code is assigned. terminating this contract in its entirety and placing the contractor in default. 3. Fees and Charges b) If it is found that the Software Product fails to conform to the Upon acceptance of Software by State, in accordance with contract requirements and the contractor within sixty (60) Paragraphs s herein and the ourchase order or Statement of days of receipt of the above said notice corrects the Work. State will pay the license fee or recurring charge for the deficiencies in the Software Product, the State will provide Software Products as set forth in purchase order or Statement of contractor with written acknowiedgement of its acceptance Work. Charges will commence on the Acceptance Date as of said Software Product. established in the purchase order or Statement of Work. The _ contractor shall render invoices for recurring charges or single charges in the month following the month in which the charges c) If it is found that the Software Product does, in fact, conform accrue. to the contract requirements, the State shall reimburse contractor for the time and material cost of the investigation at contractor's rates in accordance with the contract. February 2001 19