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.•.0.0 <br /> . f <br /> TIMMONS GROW , <br /> f. Unbundle or independently use the individual or component parts of Software <br /> or Online Services; <br /> g. Incorporate any portion of the Software into a product or service that <br /> competes with the Software; <br /> h. Use, incorporate, modify, distribute, provide access to, or combine any <br /> computer code provided with the Software to open source license terms <br /> 4. Term and Termination <br /> This License Agreement is effective upon date and signature of Licensee below in <br /> Addendum 1. The initial term of this License Agreement will begin upon the dates set <br /> forth and provided the fees are paid. This License Agreement and its maintenance <br /> provisions will be renewed annually by payment of the then current maintenance <br /> fees for the next annual maintenance period set forth in Addendum 1. <br /> 5. General <br /> a. TIMMONS GROUP will provide maintenance and support services to CITY for <br /> the Software during the term of this agreement. <br /> b. New or updated Software will be licensed under this current License <br /> Agreement. <br /> c. TIMMONS GROUP will make available to CITY as part of an annual <br /> maintenance plan subsequent releases of the Software. In the event Software <br /> licensed changes in name, and/or improvements are made, TIMMONS GROUP <br /> will provide Software with functionality that is similar to or with substantially <br /> the same or greater functionality to the original Software covered in this <br /> License Agreement. <br /> 6. Support <br /> a. Hours of Support Availability. Payment of the standard Support Charges <br /> (as defined in Section 5) entitles CITY to Support during the Principal Period <br /> of Maintenance ("PPM"). The PPM is a ten-hour continuous daily time period <br /> between the hours of 8:00 AM and 6:00 PM, EST, Monday through Friday, <br /> excluding holidays or such holidays as observed locally by TIMMONS. All <br /> Support subsequently added shall have the same PPM. <br /> b. Scope of Support. Support includes the response to and resolution of CITY- <br /> encountered problems with the Software as reported to TIMMONS by CITY. <br /> This will cover full functionality of the Timmons Group PLL Public Portal. <br /> Should issues arise with the Portal, TIMMONS will provide full support. <br /> TIMMONS will ensure the Timekeeping App for Cityworks AMS functions as <br /> intended with the version of Cityworks software CITY is utilizing. Resolution of <br /> CITY-encountered problems shall consist of (1) support provided through <br /> electronic support; (2) correction of any defect in the Software program that <br /> materially and adversely affects the use of the Software; or (3) delivery of <br /> bug fixes or workarounds limited to the current or immediate prior Software <br /> release. TIMMONS will use commercially reasonable efforts to respond to CITY <br /> requests according to the priority level of the request described in the <br /> Customer Support Order Form. TIMMONS GROUP will resolve the CITY'S <br /> request as described in the Customer Support Order Form. Any rendering of <br /> supplemental maintenance Support by TIMMONS, including extended <br /> coverage, support, workarounds, or fixes that exceed the allotted monthly <br /> 2IPage <br /> 41 a <br /> s IMMONS GROUP <br />