Contracts & Agreements_198-2002 - Laserfiche WebLink

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DATE: --- CLIENT: October 18, 2002 Mr. Rod Hill City of Redlands SunGard Bi-Tech. rnc. 890 Fortress Street Chico, CA 95973 Annual Support Agreement Renewal Notification (530) 879-2800'Iel (530) 891-5011 Fax — The Annual Support Agreement, hereinafter referred to as the "Agreement" between SunGard Bi-Tech Inc., hereinafter referred to as "SunGard", and City of Redlands, hereinafter referred to as "Customer", providing for Customer Support and Software Updates for the Software licensed to Customer by SunGard will expire on November --- 19, 2001 To ensure that Customer does not experience a lapse in support from SunGard, a signed copy of this -__ Agreement crust be returned, along with the applicable fee, no later than 30 days after the expiration of the existing Annual Support Agreement. Support will be suspended if the applicable fee is not received within 90 days of the — ---- - expiration of the existing Annual Support Agreement. 1. DEFINITION OF TERMS (The definition of Terns used in this Agreement, if not defined herein, - - - - shall be as defined in the Software License Agreement now in effect between Customer and SunGard.) _-.- 1.1 "Account" means a single and unique combination of database and Software. --- 1.2 "including" means including but not limited to. 1.3 "Concurrent User" or "Active User" means the list of authorized individuals simultaneously using ----- - the Software during the busiest ten (10) minute interval of the year, whether use is via modem, direct connection, LAN connection, or intranet connection. -- --- 1 A "Confidential Information" means all business information disclosed by one party to the other in -� connection with this Agreement unless it is or later becomes publicly available through no fault of the other party or it was or later is rightfully developed or obtained by the other party from independent sources free from any duty of confidentiality. Without limiting the generality of the foregoing, Confidential Information shall include Customer's data and the details of Customer's - computer operations and shall include SunGard's Proprietary Items. Confidential Information shall include the terms of this Agreement, but not the fact that this Agreement has been signed, the identity of the parties hereto or the identity of the products licensed under a Software License - — - Agreement. 1.5 "Delivery Stream Option(s)": a. "Express": The Delivery Stream Option that will provide the Customer with two primary Software Updates per year, plus the year end payroll tax, W2, and 1099 update. b. "Mainstream": The Delivery Stream Option that will provide the Customer with one major consolidated Software Update per year, plus the year end payroll tax, W2, and 1099 update. 1.6 "Latest Software Update" means those Software Updates which SunGard has made generally available to it's Customer's within the preceding twelve months under the Customer's selected Delivery Stream Option. 7 'Proprietary Item(s)" means, collectively, the Software and Documentation, the object code and the source code for the Software, the visual expressions, screen formats, report formats and other design features of the Software, all ideas, methods, algorithms, formulae and concepts used in developing and/or incorporated into the Software or Documentation, all future modifications, revisions, updates, releases, refinements, improvements and enhancements of the Software or Documentation, all derivative works based upon any of the foregoing, and all copies of the foregoing. SUN GARDe www.sungard.com