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` • A-2004-014 INS!Ur NCE NO ON ;ILE WORT, MAY C;OT PROCEED CLERK: OF COUNCIL DATE. a' /a. —OSoftware Maintenance Agreement AGREEMENT by and between MOBILE ACCESS SOFTWARE, INC., ("Licensor") C. �p having its principal place of business at 4065 Hancock Street, Suite 200 San Diego, 92110, and The City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Customer") having its principal place of business at 20 Civic Center Plaza, Santa Ana, California 92702. WHEREAS, Licensor has licensed to Customer certain software products as specified in the Software License Agreement for the Cyber MCT (Police Access) ("Software Products"). Customer wishes to have Licensor perform software maintenance services on the licensed products pursuant to the following terms and conditions: Compensation Amount of the contract: Licensor agrees to accept as total payment for its services and products mentioned herein, an amount not to exceed $51,000.00 during the term of this Agreement. Software Products Covered The software products covered under this Agreement are the Licensor's Software Products listed above and as more fully described in the Software License Agreement, and as updated with improvements or modifications furnished to Customer under the Warranty Agreement or this Software Maintenance Agreement. Corrections During the term of this Agreement, Licensor shall provide the services necessary to remedy any software error which is attributed to Licensor and which significantly affects use of the Software Products for the purposes defined in the product specification or the contract Functional Specification Document and is reproducible and verified by the Licensor ("Software Error"). Such services shall be accomplished in accordance with the priority system outlined below after Customer has identified and notified Licensor of any such error in accordance with Licensor's reporting procedures. Licensor shall provide service and support from 8:00 AM until 5:00 PM Monday through Friday, holidays excepted. Priority One Critical Software Errors: Software Errors that prevent or substantially interfere with operation of the Deliverables for their primary intended purpose on a system wide basis, as described in the Functional Specification Document, such as those errors that can cause loss of data or prevent the product from running.