BENTLEY SYSTEMS INC. - 2003 - Laserfiche WebLink

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CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) INFORMATION TECHNOLOGY SOFTWARE SPECIAL PROVISIONS 6. Right To Copy or Modify a) Any Software Product provided by contractor in machine - readable form may be copied. in whole or in part, in printed or machine- readable form for use by the State with the designated CPU, to perform one -time benchmark tests, for archival or emergency restart purposes, to replace a worn copy, to understand the contents of such machine - readable material, or to modify the Software Product as provided below; provided, however, that no more than the number of printed copies and machine - readable copies as specified in the purchase order or Statement of Work will be in existence under this contract at any one time without prior written consent from contractor. The contractor shall not unreasonably withhold such consent. The original, and any copies of the Software Product. in whole or in part, which are made hereunder shall be the property of the contractor. b) The State agrees to keep any such copies and the original at a mutually designated State location, except that the State may transport or transmit a copy of the anginal of any Software Product to another State location for backup use when required by CPU malfunction, provided the copy or the original is destroyed or returned to the designated location when the malfunction is corrected. c) The State may modify any non - personal computer Software Product in machine- readable form, for its own use and merge it into other program material. Any portion of the Software Product included in any merged program material shall be used only on the designated CPUs and shall be subject to the terms and conditions of this contract. 7. Future Releases If improved versions of any Software Product are developed by contractor, and are made available to other licensees, they will be made available to the State at the State's option at the contract once or tower. 8. .Acceptance Testing for Software (other than Operating Software) a) Acceptance testing is required for all contractor- supplied software supplied under this contract and listed on the purchase order or Statement of Werk, including all software initially installed, improved versions (new releases) of this software, any such software which has been altered (modified) by the contractor to satisfy State requirements, and any substitute software provided by the contractor in lieu thereof, unless purchase order or Statement of Work provides otherwise. The purpose of the Acceptance Test is to ensure that the software operates in substantial accord with the contractor's technical scecficatons and meets the Stare's performance specifications. The specific procedures for the accomplishment of such tests are contained in the purchase order or Statement of Work. b; When contractor has notified the State in writing that the software is installed and ready for use, or if instaiiaticn is not required by contractor, when software has been delivered to State, the State shall begin Acceptance Testing on the first State workday following such certification or delivery, unless otherwise provided in the purchase order or Statement of Work. February 2001 20 c) If successful completion of the Acceptance Test is not attained within the timeframe as specified in the purchase order or Statement of Work, the State shall have the option to request substitute software, cancel that portion of the contract that relates to the unaccepted software, or continue the Acceptance Tests. The State's option shall remain in effect until such time as the tests are successfully performed, or the timeframe as specified in the purchase order or Statement of Work, whichever occurs first If the Acceptance Tests have not been successfully performed prior to the expiration of the timeframe specified in the purchase order or Statement of Work, that portion of the contract which relates to the unaccepted software shall be canceled, unless both parties agree to the continuation of the tests or to the delivery of substitute software. If the unaccepted software (or its functional equivalent) is crucial to the accomplishment of the work for which the equipment was acquired, and is so identified in the purchase order or Statement of Work, the State shall have the option of terminating the entire contract in accordance with the Termination for Default provision in the contract d) Unless otherwise provided in the purchase order or Statement of Work, software shall not be accepted by the State and no charges associated with such software shall be paid by the State until the software has satisfactorily completed the Acceptance Tests. Immediately upon successful completion of the Acceptance Testing, the State shall notify the contractor in writing of the acceptance of the software and authorize appropriate payment 9. CMAS Subscriptions Software maintenance and license fees, which are considered a subscription, may be paid in advance if a provision addressing payment in advance is included in the contract or purchase order.