Item 13 - Agreement for Jail Management System Maintenance

Home Browse Search

Terms and Conditions Limitations of Liability EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCOUNDUCT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR PROGRAM OR SOLUTION PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS. ATIMS EXTENDS NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ON PARTS SUPPLIED OR SERVICES PERFORMED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY COMPONENT, MODULE OR EQUIPMENT FOR A PARTICULAR PURPOSE. Definitions 1. "Software Support and Maintenance shall mean the level of confidence that software is free from vulnerabilities, either intentionally designed into the software or accidentally inserted at any time during its life cycle and that the software functions in the intended manner." 2. "Annual Maintenance Fee" is set forth in the Contract. 3. "Documentation" shall mean the manual(s) relating to the use of the Solution delivered by ATIMS. 4. "Error" means an error/malfunction bug in the Solution which degrades the Solution or the customer's use of the Solution. 5. "Correction" means the use of reasonable commercial efforts. 6. "Licensor Product Errors" Shall mean the failure of Licensor Software to conform in a material respect to the Licensor Product Documentation. 7. "Solution" means the software and/or hardware provided by, or supported by ATIMS and specifically listed in the Contract. 8. "Workaround" means a change in the procedures followed or data supplied by Customer to avoid an Error without substantially impairing Customer's use of the Solution. 9. "Customer" or "Licensee" means the entity or person identified as the Customer in the Contract. 10. "Software" is a program or programs that enables a computer to perform a specific task, including application software, which enables a user to perform a task, and system software, which enables other software to run properly, by interfacing with hardware and with other software 11. "Licensor" means the manufacturer of the Software. 12. "Incident" means Software or Solution is not performing in accordance with the documentation. ATIMS Professional Services and Support 2025 1 Page 8 of 15 ATIMS reserves the right to change or delete any or all of the professional services described in this manual without further notice. ATIMS reserves the right to provide fixed -bid quotations for requested services.