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✓% GJC� <br /> PERCONTI DATA SYSTEMS, INC. <br /> Maintenance and Support Agreement <br /> Indian River County, Florida <br /> This Maintenance and Support Agreement is made and entered into by and between Perconti Data Systems, Inc. , hereinafter referred to as <br /> "Support Vendor" , and the Board of County Commissioners of Indian River County, Florida, a licensee of the Perconti Data Systems, Inc. <br /> Licensed Program , hereinafter referred to as " Customer" . This agreement is considered binding upon the last signature of the parties to the <br /> agreement. <br /> WITNESSETH : <br /> WHEREAS, the Customer has purchased a license to one or more modules of the computer system henceforth referred to as <br /> "Licensed Program" . The Customer has obtained a non-exclusive, non-transferable license to use certain computer software (the "Licensed <br /> Program") on certain terms and conditions; and <br /> WHEREAS, Support Vendor has, as the owner of the Licensed Program , the source code and other support documentation for the <br /> Licensed Program and has the requisite authorization to have access to the Licensed Program in Customer's possession and to make and offer <br /> to Customer the maintenance modifications, enhancements, and new releases provided for herein ; and <br /> WHEREAS, Support Vendor desires to offer Customer certain services with respect to the Licensed Program on the terms and <br /> conditions set forth herein ; <br /> NOW THEREFORE, in consideration of the premises hereof, and the mutual obligations herein , the parties hereto, intending to be <br /> legally bound , hereby agree as follows: <br /> Definitions <br /> For the purposes of this Agreement, the following definitions shall apply to the respective capitalized terms: <br /> "Licensed Program." The computer software henceforth referred to as CD-Plus . Including any extracts from such software, derivative works <br /> of such software, or collective works constituting such software (such as subsequent Releases) to the extent offered to Customer under this <br /> Agreement or the License Agreement. <br /> "Agreement Term." The Agreement Term shall begin on January 1 , 2007 and end on December 31 , 2007. <br /> "Normal Working Hours." The hours between 8: 30A. M. and 5:OOP . M. Eastern Time on the days Monday through Friday, excluding regularly <br /> scheduled holidays of Support Vendor. <br /> "Releases." New versions of the Licensed Program, which new versions may include both Program Corrections and Enhancements. <br /> "Dedicated." Equivalent to 160 hours per month . <br /> Scope of Services <br /> During the Agreement Term, Support Vendor shall render the following services in support of the Licensed Program , during Normal Working <br /> Hours. <br /> •Support Vendor shall maintain a telephone hot line and email address that allows Customer to report system problems and seek <br /> assistance in use of the Licensed Program. <br /> *Support Vendor shall provide a dedicated and experienced consultant to work on corrections, modifications, and enhancements to the <br /> software as designated by the customer. Dedicated consultant will visit customer's site an average of one day per month to conduct <br /> consultations, problem determination , training , testing or other related software development and consulting tasks as determined by the <br /> customer. Onsite visits will be coordinated and scheduled with the customer. <br /> C:IDOCUME-11BRIANP-11LOCALS- 11TemplPerconti Maintenance and Support Agreement Amend 2007.doc t <br />