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17 "Product Updates" are Program Fixes, Program Upgrades and Program Modifications <br /> 1 8 "Program Upgrades" shall mean new versions of, or additions to, the Licensed <br /> Software prepared by Azteca Systems that Improve its operating performance but do not <br /> add to or alter its basic function(s) Any Program Upgrades delivered to User shall become <br /> part of the Licensed Software <br /> 19 "Software" shall mean Cityworks source code, machine-readable code, and related <br /> documentation <br /> 1 10 "Update & Support Period" shall mean the initial Update and Support period <br /> commencing upon the Effective Date of this Agreement, as set forth in section 9 2, and any <br /> subsequent twelve-month period <br /> 1 11 "Update& Support Agreement" or"Agreement" shall mean this Update & Support <br /> Agreement between Azteca Systems and User identified in paragraph 9 1, the terms and <br /> conditions of which are hereby Incorporated by reference <br /> 2. SUPPORT <br /> 2 1 The services to be provided during the Update & Support Period include Azteca <br /> Systems Product Updates to Azteca System's Cityworks applications including Program <br /> Fixes, Program Upgrades and Program Modifications (not Custom Applications) Azteca <br /> Systems will ensure upward compatibility for The Cityworks Software applications within <br /> a reasonable timeframc for minor and major ESRD ArcGIS and Cityworks supported <br /> databases revisions If identified as "Covered Software", Azteca Systems will ensure <br /> upward compatibility within a reasonable timeframe for Custom Applications when there <br /> are minor ArcGIS and Cityworks supported databases revisions (for example, from rev 9 1 <br /> to rev 9 2) Azteca Systems will not ensure upward compatibility for Custom Applications <br /> when there are mayor ESRI ArcGIS and Cityworks supported databases revisions (for <br /> example, from rev 9 x to rev 10 x), Azteca Systems will make all reasonable efforts to <br /> provide upward compatibility <br /> 2 2 Azteca Systems shall, with out additional charge (except as allowed for in paragraph <br /> 3 4 and 7 3), during the term of this Agreement <br /> (a) Make all reasonable efforts to provide those Program Fixes, if any, that are necessary to <br /> assure the Covered Software is functioning properly, provided User provides Azteca <br /> Systems with written notice specifying particularity in narrative, non-technical terms to the <br /> best of User staff's ability the apparent error in the system and the manner in which the <br /> Covered Software is not functioning properly(as provided in Section 8), and <br /> (b) Deliver to User any Program Upgrades relating to the Covered Software made available <br /> to others <br /> C•1UsetslbliaslmiilAppDatall_.ocal\Microsoft\WindowslTeinporary Internet Files\Content OutlookA3ZX11G91CITYWORKS Update Support.doc <br /> 2 <br /> Update&Support Agreement <br />