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2009-336
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2009-336
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Last modified
3/18/2016 10:47:14 AM
Creation date
10/1/2015 4:04:10 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/15/2009
Control Number
2009-336
Agenda Item Number
12.J.5
Entity Name
N. Harris Computer Corporation
Advance Utility Systems
Subject
Utility Billing Systems Software
Supplemental fields
SmeadsoftID
10928
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by the Organization who is logged onto the Software, regardless of the type of interface (i . e <br />. <br /> graphical user interface or browser user interface) . Twenty- eight (28 ) concurrent users are <br /> included with this contract . The Organization may purchase 2 additional Concurrent User <br /> Licenses for $ 3500 each . In addition , for each user license purchased an $ 875 additional <br /> maintenance fee is required <br /> 2 . 2 Term of License <br /> The License granted herein shall commence on the date of this Agreement and is <br /> of indefinite duration unless terminated pursuant to the terms hereof. <br /> 2 . 3 Restrictions on Use <br /> Except as expressly provided herein, the Organization may not give away, rent, <br /> lease or otherwise sell , sublicense, distribute or transfer the License granted under this <br /> Agreement without the prior written consent of Consultant . <br /> Organization requires a separate License for each computer system or <br /> environment into which the Software or any portion thereof is read in machine-readable form for <br /> operation on such system or environment in a production environment . In addition each License <br /> permits the Organization to use the Software in ( 1 ) a test environment, (2) a training environment <br /> and (3 ) on a back- up or disaster recovery system . <br /> Within thirty (30) days after discontinuance or termination of the License for any <br /> reason , including termination resulting from an uncured breach by the Organization that extends <br /> beyond the applicable notice and cure periods as provided in Article 8 . 3 of this Agreement, <br /> Organization shall deliver to Consultant the Software and all copies thereof in whichever form , <br /> including partial copies which may have been modified by Organization or Consultant . <br /> Alternatively, the Software and other related materials may be disposed in accordance with <br /> written instructions from Consultant . Upon prior written authorization from Consultant, such <br /> written authorization not to be withheld , delayed, or unreasonably conditioned by Consultant, <br /> Organization may be permitted for a specific period after the termination of the License to retain <br /> one copy of certain materials for record purposes . <br /> The Software and related materials supplied by Consultant are protected by <br /> copyright and trademark laws . Title, ownership rights and intellectual property rights in the <br /> Software and related materials supplied by Consultant remain with Consultant . Use of the <br /> Software and related materials supplied by Consultant is subject to the applicable copyright laws <br /> and the express rights and restrictions of this Agreement . Any rights not expressly granted <br /> herein are reserved . Organization may not remove any copyright, trademark or other proprietary <br /> notices from the Software and related materials supplied by Consultant . <br /> 2 . 4 Derivation, Modification and Copyright <br /> (a) The Organization agrees that it will not attempt to derive, or permit or help others <br /> to derive the Source Code relating to the Software or attempt to otherwise convert <br /> or alter the Software into human readable code . The Organization further agrees <br /> that it will not attempt to duplicate, or permit or help others to duplicate, the <br /> Source Code relating to the Software . <br /> 7 <br />
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