HEWLETT-PACKARD 1-2003 - Laserfiche WebLink

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lIP SUPPORT SERVICES Exhibit SS5 5. SOFTWARE LICENSE AND COPYRIGHTS a) Updates. Software updates or revisions furnished in connection with Support Services are subject to the license terms in effect for such Software on the date HP ships the update to the Customer. Any standard commercial software product furnished under such Support Services is subject to the standard commercial Software license terms applicable to the product. b) HP Update Ownership. Customer acknowledges that it does not own and has no right to, title to, or interest in the updates except as set forth in the applicable HP Software License Terms. c) Copyright and Trademark Notices. Customer agrees to reproduce and conspicuously copyright and trademark notices from the original software or documentation on each copy update that Customer makes or obtains from an electronic data source. affix of an 6. MUL T1VENDOR NETWORK COVERAGE a) Affiliates. HP has developed working relationships with select vendors, known as Affiliates, who assist in the delivery of multivendor support. For purposes of HP's appointment as a Special Agent during multivendor coverage, non-Affiliate refers to other vendors of products in Customer's network. b) Performance of Affiliates and Non-Affiliates. HP is not liable for performance or non- performance of Affiliates and non-Affiliates, their products, or their support services. c) operational Network. HP must verify Customer's network as fully operational before Support services, including LAN/WAN network, and Storage Network Environmental support coverage begins. This prerequisite is deemed met if Support Services coverage commences upon completion of HP's network configuration or assessment services. Otherwise, HP performs verification at the applicable standard service rates for such products. d) Supported Connections. HP must agree upon all network connections and products covered under Support Services with network coverage. e) Service Requests. Prior to or after placing a service request with HP, Customer will run HP or non-HP product or network diagnostic self-test programs, as appropriate. Customer must then contact the appropriate product vendor if a specific product is found to be at fault. Upon request from HP during a service call, Customer will enable the connection to HP via the network support tool if applicable. f) Network Information. Customers without the HP network support tool installed must identify current product version numbers and system configuration information for all products on the network. Customer must notify HP when major topology changes occur on the network. g) Non-HP Service Contracts. To take advantage purchase service contracts from Affiliates support service levels for non-HP products. of and Support Services benefits, Customer must non-Affiliates that maintain appropriate 7. MULTlVENDOR NETWORK/WARRANTY MAINTENANCE MANAGEMENT Should Customer purchase Support Services that include multivendor network coverage and/or warranty maintenance management services that require HP to act as a special agent, additional terms and conditions will apply. Customer and HP will negotiate in good faith such mutually agreeable additional terms. HP will be under no obligation to act as Customer's special agent until such time as these additional terms are agreed upon and executed between the parties. 8. MISCELLANEOUS a) Subcontractors. Notwithstanding anything to the contrary in HP Exhibits E16 or E99, HP reserves the right and Customer consents to HP' s use of subcontractors to assist in the provision of Support Services as HP deems appropriate, with Customer's consent, which consent will not be unreasonably withheld. b) Replacement Parts. Replacement parts provided under Support Services may include new parts, equivalent to new parts, parts that are functionally equivalent or superior to the replaced part, or whole unit replacements. Replaced parts become the property of HP, unless otherwise agreed, and provided that Customer pays the applicable charge(s) associated for retaining such replaced part(s). c) Attachments. For certain Support Services, Customer may be required to execute additional Attachments to this Exhibit. d) Order of Precedence. The order of precedence will be as follows: The HP Terms and Conditions of Sale and Service or HP Business Terms (Exhibit E16 or E99), this Exhibit, the Technical Data Sheet(s), and the Service Description(s}. Notwithstanding any reference to Compaq Equipment Corporation U.S. Standard Terms and Conditions or Compaq Equipment U.S. Services Terms and Conditions, or Compaq Services Agreement, the HP Exhibit E16 or E99 will govern the provision of Support Services herein. SS5 City of Santa Ana Fonn Date 0l-nov~2002; Modified lQ-dec-2003 Page 4/5 Revision Number 2