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SR 06:114
City of Pleasanton
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2006
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SR 06:114
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5/12/2006 11:30:18 AM
Creation date
5/12/2006 11:14:13 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
5/16/2006
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 06:114
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<br />I. DEFINITIONS <br />The following lenus as defined below are used throughout this Agreement: <br /> <br />1. "Licensed Standard Software": <br />The current version of New World standard and development application software package(s) (in machine readable code) listed on <br />Exhibit A. "Development Software" is standard application software currently under development by New World which, if <br />applicable, will be completed and delivered to Customer as Licensed Standard Software during the term of this Agreement. <br />2. "Upgrades": <br />Any enhanced and/or improved versions of the Licensed Standard Software provided as Licensed Standard Software under Exhibit C <br />of this Agreement and released after the execution of this Agreement. <br />3. "Licensed Custom Software": <br />Any software (programs or portions of programs) developed by New World specifically for Customer's own use, <br />4. "Licensed Software": <br />The Licensed Standard Software (including any Development Software), Upgrades, and Licensed Custom Software provided under <br />this Agreement. <br />5. "Licensed Documentation": <br />New World User Manuals which includes the current specifications for the Licensed Standard Software and other written instructions <br />relating to the Licensed Software (such as Product Bulletins, installation instructions, and training materials). <br />6. "Authorized Copies": <br />Except as provided in Section II, subparagraph 1.3, the only authorized copies of the Licensed Software and Licensed Documentation <br />are the copies of each application software package defined in this Paragraph. They are: <br />(i) the single copy of the Licensed Software and the related Licensed Documentation delivered by New World under this <br />Agreement; and <br />(ii) any additional copies made by Customer as authorized in Section II, subparagraph 1.2. <br />7. "Licensed Products": <br />The Licensed Software, the related Licensed Documentation, and the Authorized Copies of the foregoing. <br />8. "Delivery of Licensed Standard Software": <br />Licensed Standard Software will be delivered in a machine readable form on the appropriate media or via an agreed upon network <br />connection as soon as the software is available after this Agreement is signed. <br />9. "lnsttlUation of Licensed Standard Software": <br />Installation ofthe Licensed Software shall be deemed to occur upon the earlier of: <br />(a) the transfer or loading of the Licensed Standard Software onto a Customer server or computer, or <br />(b) thirty (30) days after delivery of the software. <br />10. "Customer Liaison": <br />A Customer employee assigned to act as liaison between Customer and New World for the duration of this Agreement. Within ten <br />(10) days of execution of this Agreement, Customer shall notify New World of the name of the Customer Liaison. <br />11. "SSMA": <br />The New World Standard Software Maintenance Agreement as set forth in Exhibit C. <br />12. "Computer": <br />The multiple MSP Server(s), to be located at: <br />City of Pleasanton <br />123 Main Street <br />Pleasanton, CA 94566 <br />Customer shall identify in writing the serial number of the Computer within ten (10) days of receipt of the Computer or within ten <br />(10) days of execution of this Agreement, whichever is later. If the Computer is to be relocated, Customer shall notifY New World <br />of the new location in writing prior to the relocation. <br />13. "Confu/entia/lnformation": <br />Information disclosed or obtained by one party in connection with, and during the term of, this Agreement and designated as <br />"Confidential" by the party claiming confidentiality at the time of disclosure. Confidential Information does not include any <br />information which was previously known to the other party without obligation of confidence or without breach of this Agreement, is <br />publicly disclosed either prior or subsequent to the other party's receipt of such information, or is rightfully received by the other party <br />from a third party without obligation of confidence. <br />14. "An Aufhorized User": <br />Subject to the number of users specified in Exhibit A, any PC workstation that is connected to access the Licensed Software resident <br />on Computer and that may be actively logged on to access the programs, interfaces, data, or files created and/or maintained by the <br /> <br />Licensed Software, <br /> <br />n. GENERAL TERMS AND CONDITIONS <br /> <br />i.O SiNGLE USE LiCENSE <br />1.1 New World grants Customer a nontransferable and nonexclusive license to use the Licensed Software <br />only on the Computer and only for ils internal processing needs. Customer shall have the right and <br />license to use, enhance, or modify the Licensed Software only for Customer's own use and only on <br />the Computer by an authorized user. New World will deliver to Customer one copy of each <br />application of the Licensed Software (in machine readable form compatible with the specified <br /> <br />Agreement 041006 final.doc <br /> <br />CONFIDENTIAL <br />Page 2 of 57 <br /> <br />City of Pleasanton, CA <br />
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