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2007/12/24 Council Agenda Packet
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2007/12/24 Council Agenda Packet
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Council Agenda Packet
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12/24/2007
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5.2.11 LICENSEE must comply with all relevant export laws and regulations of the United <br /> States to assure that the OEM Software,or any direct product thereof, is not exported,directly or <br /> indirectly,in violation of United States law. <br /> 5.2.12 Removal or obscuring of any copyright,trademark notice,or restrictive legend is <br /> prohibited. <br /> 5.2.13 When the LICENSEE is the United States Government,the OEM Software is provided <br /> with"Restricted Rights." <br /> 5.2.14 In the event the LICENSEE is evaluating the LICENSED SOFTWARE,which includes <br /> OEM Software,evaluation use shall not exceed a period of 60 days. <br /> 5.2 Furnishing and Installation of Software <br /> TC Technology shall furnish and properly install current versions of the Software. TC <br /> Technology shall provide at least two sets of current documentation and manuals for the <br /> Software.One copy shall be a reproduction master or an electronic file in either MS Office or <br /> Adobe Acrobat PDF format for use by the City in producing operating manuals for internal <br /> usage.The vendor shall provide an unlimited license for the City to copy and distribute the <br /> documentation for internal use.TC Technology shall confirm the Software is operable and <br /> adequately performs its intended functions by performing tests chosen by TC Technology to <br /> determine the Software's operability both individually and in combination with each other on the <br /> City's standard platform in the City's standard operating environment <br /> 5.3 Preparation and Access <br /> City will allow TC Technology access to its premises as reasonably necessary or appropriate for <br /> TC Technology to perform its obligations under this Agreement. <br /> 5.4 Ownership of Data <br /> TC Technology acknowledges: (a)the data contained within the database are and will remain the <br /> exclusive property of the City;and(b)the data architecture are owned by TC Technology. With <br /> respect to the architecture,TC Technology retains full and complete rights to use,modify,further <br /> develop,copyright,patent,license,sell, encumber or convey its rights in the architecture. The <br /> City retains full and complete rights to use such architecture in perpetuity,and in the event of <br /> release of the source code pursuant to the Escrow Agreement,to modify,enhance or change it. <br /> 6 CONFIGURATION AND DEVELOPMENT <br /> 6.1 Configuration <br /> TC Technology shall provide services to install and configure the Software in accordance with <br /> this Agreement.The specifications and functionality of the Software,the timetable for the work, <br /> the budget(including terms of payment),and acceptance criteria and tests are stated herein or <br /> attached in the exhibits hereto and incorporated by reference. <br /> 6.2 Other Software Development <br /> The parties agree that TC Technology is not developing software for the City,except minor <br /> customization consistent with configuration of TC Technology's Software,such as changing <br /> Page 3 <br /> 15 <br />
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