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Agmt 2005 New World Systems
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Agmt 2005 New World Systems
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Last modified
8/3/2009 10:08:14 AM
Creation date
7/30/2009 8:51:02 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/7/2005
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PERM
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Reso 2005-022
(Approved by)
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\City Clerk\City Council\Resolutions\2005
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Exhibit C/STANDARD SOFTWARE MAINTENANCE AGREEMENT <br />Page 2 <br />Additions of Software to Maintenance A~reemenC <br />Additional Licensed Standard Software licensed From New World will be added to the SSMA as it is installed at <br />Customer's location. Costs for the maintenance for the additional software will be billed to Customer on a pro rata <br />basis for the remainder of the maintenance year and on a full year basis thereafter. <br />6. Requests for Software Correction on Licensed Standard Software <br />At any time during the three hundred sixty five (365) day warranty period or during the SSMA period, if Customer <br />believes that the Licensed Standard Software does not conform to the current specifications set forth in the user <br />manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature <br />and/or report it believes to be defective. Before any notice is sent to New World, it must be reviewed and approved <br />by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World <br />will review the documented notice and when a feature or report does no[ conform to the published specifications, <br />New World will provide software correction service at no charge. (See paragraph 4.0 of the General Terms and <br />Conditions of this Agreement for the New World warranties provided). Anon-warranty request is handled as a <br />billable Request for Service (RFS) (see Exhibit B). <br />During the tens of this Standard Software Maintenance Agreement, New World will furnish Error, Defect or <br />Malfunction correction in accordance with the Priority Categories listed below, based on the Customer's <br />delenmination of the severity of the Error, Defect or Malfunction and New World's reasonable analysis of the <br />priority of the Error, Defect or Malfunction. <br />(a) Priority 1: An Error, Defect or Malfunction which renders the CAD Licensed Standard Software <br />inoperative; or causes the Software to fail catastrophically. <br />After initial assessment of the Error, Defector Malfunction by a New World Call Center analyst, if <br />required, New World will assign a qualified product technical specialist(s) with 3 hours, to diagnose <br />and correct the Error, Defect or Malfunction. New World will provide ongoing efforts and <br />communication about the status of the correction. <br />(b) Priority 2: An Error, Defect or Malfunction which substantially degrades the performance of the <br />Software, but does not prohibit the Customer's use of the Licensed Standard Software. <br />New World will exercise all commercially reasonable efforts to include a Fix or patch for the Error, <br />Defect or Malfimction in the next Software maintenance release, which are normally provided every <br />30 - 60 days. <br />(c) Priority 3: An Error, Defect or Malfunction which causes only a minor impact on the use of the <br />Licensed Standard Software. <br />New World may include a Pix or Patch in the next Licensed Standard Software major release. <br />Customer may contact the following New World resources for management level issue resolution escalation: <br />Aegis Product Manager, currently Erin Fleming <br />General Manager of Aegis Development, currently Mike Newsom <br />Vice President of Aegis Operations, currently Mark Dvorak <br />The no charge software correction service does not apply to any of the following: <br />(a) situations where the Licensed Standard Sofh~~are has been changed by anyone other than New World <br />personnel; <br />(b) sihiations where Customer's use or operations error causes incorrect inlbrmation or reports to be <br />generated; and <br />(c) requests that go beyond the scope of the specifications set forth in the current User Manuals. <br />CONFIDENTIAL <br />(Rcviscd 02/10/04) City of San Leandro, CA <br />
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