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ROUTEWARE
City of Pleasanton
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ROUTEWARE
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Last modified
12/18/2024 12:01:10 PM
Creation date
12/18/2024 11:59:51 AM
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CONTRACTS
Description Type
Professional Services
Contract Type
New
NAME
ROUTEWARE
Contract Record Series
704-05
Munis Contract #
2025385
Contract Expiration
6/30/2026
NOTES
SOFTWARE SUPPORT
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Page 3 of 10 REV. 06/15/2024 <br />(c) To use the Documentation in connection with the licenses described in this Section 3 subsections <br />(a) and (b). <br />(d) The Products and/or Services may contain functionality that uses anonymized customer data. <br />Customer agrees that their anonymized data will be used in the Company’s Products and/or Services. <br /> <br />3.2 Period of License. The license described in Section 3.1 will continue in force for the License Period, subject <br />to, in the case of a subscription, either party electing against renewal or requesting reduction of any product by <br />notifying the other party in writing at least ninety (90) days prior to the end of the then‐current License Period. <br />Such notice must be provided on Customer’s company letterhead, include the date of the notice, applicable <br />products and quantity, signed by an authorized party, and may be submitted electronically. <br /> <br />3.3 Restrictions; Reservation of Rights. Customer agrees not to (and to not enable any third party to): <br />(a) reverse engineer or otherwise attempt to discover the source code of or trade secrets embodied in <br />the Software (except to the extent required by law or as necessary for interoperability purposes as <br />required under terms and conditions required by the providers of Third‐Party Products); <br />(b) distribute, transfer, grant sublicenses to, or otherwise make available the Software or <br />Documentation to third parties, including making the Software or Documentation available <br />(i) through resellers or other distributors, or <br />(ii) as an application service provider, service bureau, or rental source; <br />(c) embed or incorporate in any manner all or part of the Software into other applications of Customer <br />or third parties other than as authorized in applicable Documentation; <br />(d) create modifications to or derivative works of the Software; <br />(e) reproduce the Software; <br />(f) attempt to modify, alter, or circumvent any license control and protection mechanisms within the <br />Software; <br />(g) use or transmit the Software in violation of any applicable law, rule or regulation, including any <br />export/import laws; <br />(h) if the Order sets forth a Designated Computer System, use the Software on a computer system other <br />than a Designated Computer System; remove, obscure or alter any copyright notices or any name, <br />trademark, service mark, tagline, hyperlink or other designation included on any display screen within the <br />Software; <br />(i) create any software that competes with the Software or provides substantially the same functions <br />as the Software; or <br />(j) use the Software in a country other than as indicated in the Order. All Software is a “commercial <br />item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer <br />software” and “commercial computer software documentation,” as such terms are used in 48 <br />C.F.R.12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202‐1 through 227.7202‐4 <br />(JUNE 1995), Software is provided to U.S. Government End Users <br />(i) only as a commercial end item; and <br />(ii) with only those rights as are granted to all other end users pursuant to the terms and <br />conditions herein. <br /> <br />Other than as stated in this Agreement, Company grants Customer no other right, title or interest in any <br />Software. <br /> <br />4. THIRD PARTY PRODUCTS. Third‐Party Products may be subject to additional license terms and restrictions <br />(“Third‐Party Terms”), which Company will make available to Customer as required by the suppliers of such Third‐ <br />Party Products. In the event of a conflict between the terms of this Agreement and any Third‐Party Terms, the Third‐ <br />Party Terms shall control to the extent of the conflict. Company hereby assigns to Customer (to the extent assignable) <br />all warranties given by the supplier(s) of Third‐Party Products; provided, however, that Customer agrees to look to the <br />supplier(s) for any Third‐Party Products warranty, service and other post‐purchase issues. Customer is solely <br />responsible for obtaining any and all components, updates, new versions, and releases for any Third‐Party Products <br />Docusign Envelope ID: CA8705DF-3575-4273-B3E5-0EF60EBEB3C1
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