2011-217 - Laserfiche WebLink

Home Browse Search

FIRST ADDENDUM EXHIBIT A To Agreement between Colossus , Incorporated , d / b/a InterAct Public Safety Systems and Indian River County , Florida InterAct Public Safety Systems MASTER PURCHASE , LICENSE AND SERVICES AGREEMENT Customer : INDIAN RIVER COUNTY , FLORIDA Address : 1800 27th Street Contact : Paula Cantlon Vero Beach , FL 32960 Email : pcantlon@ircgov . com Phone : 772 - 226 - 3854 Effective Date : Mobile : This Master Purchase , License & Services Agreement ( " Agreement " ) is made as of the Effective Date by and between the customer identified above (" Customer" ) and COLOSSUS , INCORPORATED , a North Carolina corporation d/ b/a InterAct Public Safety Systems (" InterAct") . This Agreement shall apply to Customer's purchase and license of Software , Equipment or Services ( collectively , " InterAct Offerings " ) described on an Order Form or Statement of Work executed by the parties . After execution of this Agreement , Customer may from time to time purchase additional InterAct Offerings pursuant hereto by executing additional Order Forms or Statement of Works with InterAct . Customer's Affiliates may also order Systems and additional InterAct Offerings hereunder by entering into a mutually agreeable Order Form or Statement of Work incorporating this Agreement and reflecting such Affiliate 's agreement to be bound by all of the terms and obligations applicable to the Customer under this Agreement . Customer agrees that, unless it is prohibited by law from doing so , Customer shall be liable for any breach by its Affiliates of this Agreement or of any Order Form or Statement of Work executed by its Affiliates . 1 . Definitions . "AFFILIATE " shall mean the following , as applicable : If Customer is not a government body or entity , then " Affiliate " shall mean an entity which , as of the Effective Date , controls , is controlled by or is under common control with the Customer . For the purpose of this definition , " control " means the legal or beneficial ownership of ( a ) fifty percent ( 50 % ) or more of the outstanding voting stock of a corporation , ( b ) fifty percent ( 50 % ) or more of the equity of a limited liability company , partnership or joint venture or ( c ) a general partnership interest in a partnership or joint venture . If Customer is an agency or department of a state , then " Affiliate " shall mean any other agency or department of such state and any county , city , town or municipality in such state . If Customer is a Council of Governments , then "Affiliate " shall mean any government body or entity on behalf of which Customer is entering into this Agreement , provided that Customer has disclosed the identify of such government body or entity to InterAct prior to the execution hereof. " DOCUMENTATION " shall mean the reference , installation , administrative and programmer manuals relating to the use of the Software delivered by InterAct to Customer with the Software . Documentation shall not include marketing materials . " EQUIPMENT" shall mean the hardware components described on an Order Form that are supplied by InterAct to Customer hereunder. " ORDER FORMS " shall mean the InterAct ordering schedules which are signed by InterAct and Customer ( or a Customer Affiliate ) to place orders for InterAct's standard Software products , Third Party Software , Equipment or Services under this Agreement " SERVICES" has the meaning set forth in Section 10 below . " SITE " shall mean a specific , physical location of Customer' s business at which the System is deployed as set forth in the applicable Order Form . " SOFTWARE " shall mean all or any portion of the binary computer software programs and Documentation provided by InterAct to Customer, whether in machine - readable or printed form and including all software products listed in the applicable Order Form and all corrections , updates , enhancements thereto . " STATEMENTS OF WORK" or " Sows " shall mean statements of work which are signed by InterAct and Customer ( or a Customer Affiliate ) to place orders for professional services to be performed by InterAct under this Agreement . " SUPPORTED EQUIPMENT " shall mean Equipment for which Customer is entitled to receive Equipment Maintenance . " SUPPORTED SOFTWARE " shall mean Software for which Customer is entitled to receive Software Maintenance . InterAct Public Safety Systems 1 Master Purchase , License & Services Agreement v3 . 0 (2011 - 05-06 ) FCFM -0011 - 1