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• <br />• <br />TIMMONS GROUP <br />YOUR VISION ACHIEVED THROUGH OURS. <br />c. Support Limitations. Any Support is dependent upon the use by CITY of <br />unmodified Software (except as authorized by TIMMONS pursuant to a <br />Professional Services Agreement) operated in accordance with TIMMONS' <br />documentation. Support will not cover any bugs or issues related to <br />integrated software, or to Cityworks software. Support is specifically intended <br />for Portal software. This will not cover any upgrades or enhancements to the <br />Portal. Any upgrades or enhancements will be scoped out separately. <br />7. Annual Maintenance <br />a. Maintenance benefits consist of new versions of the Software, Software <br />service packs, Software upgrades, and Software updates. <br />b. TIMMONS GROUP will ensure compatibility for Cityworks and Kronos <br />application integrations and make all reasonable efforts to provide upward <br />compatibility. <br />c. TIMMONS shall, without additional charge, during the term of this License <br />Agreement, provide the following: <br />i. Software updates. Software updates include upgrades and service <br />packs which are a collection of files that enhance or correct the <br />Software, and which will be available for CITY to download. Upgrades <br />may also include new versions. <br />8. CITY's Responsibilities. <br />a. CITY is responsible for performing data and software back-ups in accordance <br />with published documentation. <br />b. CITY shall notify TIMMONS of any CITY failure and shall allow TIMMONS <br />reasonable access to the Software for performing Support. CITY must provide <br />TIMMONS with secure access to the Software to perform remote support. <br />c. CITY will designate no more than three (3) Authorized Contacts as trained <br />System Administrators trained in the server architecture / environment, <br />database, and supporting products installed, and familiar with the TIMMONS <br />tools and applications licensed by the CITY. Support requests must be placed <br />to TIMMONS by an Authorized CITY contact. <br />d. CITY will contact TIMMONS through the TIMMONS Support Portal: Teamwork <br />9. Limited Warranty. The support obligations set forth in this software support <br />agreement are in lieu of all warranties, express or implied, including, without <br />limitation, any warranties of merchantability or fitness for a particular purpose. <br />Support provided under this software support agreement does not assure the <br />uninterrupted operation of the software. This software support agreement does not <br />extend or replace the software warranty as defined in the software development <br />agreement. <br />10.Limit of Liability. TIMMONS will not be responsible to CITY for loss of use of the <br />Software or data or for any other liabilities arising from the use, alterations, <br />additions, adjustments or repairs which are made to the Software by the CITY, third <br />parties other than authorized representatives of TIMMONS, or at the direction of <br />CITY. <br />Mage <br />TIMMONS GROUP <br />i II Ii'61 y;i1 i'flNi I',( it i l wib'11 '1 rj.p H'.I. QII <br />