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Cityworks/Azteca Systems LLC 12/11/2020
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Cityworks/Azteca Systems LLC 12/11/2020
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Last modified
1/6/2021 1:20:33 PM
Creation date
1/6/2021 1:20:07 PM
Metadata
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Contracts
Contractor's Name
Cityworks/Azteca Systems LLC
Approval Date
12/11/2020
Council Approval Date
12/2/2020
End Date
12/31/2025
Department
Purchasing
Department Project Manager
Theresa Bauccio-Teschlog
Subject / Project Title
Computerized Maint/Asset Mgmt Systems CMAMS
Tracking Number
0002703
Total Compensation
$639,925.00
Contract Type
Agreement
Contract Subtype
Purchase
Retention Period
6 Years Then Destroy
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• <br /> 3.3 Special Use Programs.If Licensee acquires Products under a special program for noncommercial,nonprofit, <br /> educational,or other limited-use license,Licensee's use of the Products is subject to the terms set forth in the <br /> applicable enrollment form or as described on Azteca's website in addition to the non-conflicting terms of this <br /> Agreement.All such program terms are incorporated herein by reference. <br /> 3.4 Delivery. Unless otherwise requested by Licensee,Azteca Systems shall provide an electronic link to make <br /> available to Licensee the Licensed Property by electronic download and a license key to activate the Licensed <br /> Property. <br /> ARTICLE 4—SCOPE OF USE <br /> 4.1 Permitted Uses • <br /> a. For Products delivered to Licensee,Licensee may: <br /> 1. Install and store Products on electronic storage device(s); <br /> 2. Make archival copies and routine computer backups; <br /> 3. Install and use a newer version of Software concurrently with the version to be replaced during a <br /> reasonable transition period not to exceed 6 months,provided that the deployment of either <br /> version does not exceed the Licensee's licensed quantity;thereafter,Licensee shall not use more <br /> Software in the aggregate than Licensee's total licensed quantity;and <br /> 4. Move the Software in the licensed configuration to a replacement Server. <br /> b. Licensee may use,copy,or prepare derivative works of Documentation supplied in digital format and <br /> thereafter reproduce,display,and redistribute the customized documentation only for Licensee's own <br /> internal use.Portions of Documentation supplied in digital format merged with other software and <br /> printed or digital documentation are subject to this License Agreement.Licensee shall include the <br /> following copyright attribution notice acknowledging the proprietary rights of Azteca and its <br /> licensors: "Portions of this document include intellectual property of Azteca and its licensors and are <br /> used herein under license.Copyright©[Licensee will insert the actual copyright date(s)from the <br /> source materials]Azteca Systems,LLC. and its licensors.All rights reserved." <br /> c. Consultant or Contractor Access. Subject to Section 3.1 and Addendum#3,Azteca Systems grants <br /> Licensee the right to permit Licensee's Third Party Consultants or Contractors to use the Products <br /> exclusively and solely for Licensee's benefit. Licensee must comply with terms and provisions of <br /> Addendum#3 and provide a copy to Azteca.Licensee shall be solely responsible for compliance by <br /> Third Party Consultants and Contractors with this License Agreement and shall ensure that the Third <br /> Party Consultant or Contractor discontinues Product use upon completion of work for Licensee.Access <br /> to or use of Products by Third Party Consultants or Contractors not exclusively for Licensee's benefit is <br /> prohibited. <br /> 4.2 Uses Not Permitted.Except to the extent that applicable law prohibits or overrides these restrictions,or as <br /> provided herein,Licensee shall not: • <br /> a. Sell,rent,lease,sublicense,lend,assign,or time-share Products; <br /> b. Permit persons other than Authorized Users to access or use the Licensed Products(or,any part <br /> thereof); <br /> c. Act as a service bureau or Commercial ASP; <br /> d. Use Software,Licensed Products,'or Documentation for a site or service and operate the site or service <br /> for profit or generate revenue through direct or indirect methods(e.g.,advertising or by charging for <br /> access to the site or service); <br /> e. Redistribute Software,Licensed Products,Documentation,or Online Services to third parties,in whole <br /> or in part,including,but not limited to,extensions,components,or APIs; <br /> f. Redistribute Authorization Codes; <br /> g. Reverse engineer,decompile,or disassemble Products; <br /> h. Make any attempt to circumvent the technological measure(s)that controls access to or use of <br /> Products; <br /> i. Upload or transmit content or otherwise use Products in violation of third-party rights,including <br /> Standard License&Maintenance Agreement Page 3 of 14 10/16 ed. <br />
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