My WebLink
|
Help
|
About
|
Sign Out
Browse
Search
Agmt15 Scheidt & Bachmann USA, Inc.
RedwoodCity
>
City Clerk
>
Agreements
>
2010-2019
>
2015
>
Agmt15 Scheidt & Bachmann USA, Inc.
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
10/5/2015 12:28:47 PM
Creation date
10/5/2015 12:27:15 PM
Metadata
Fields
Template:
Agreement
Contractor Name
Scheidt & Bachmann USA, Inc.
PROJECT NAME
Acquisation and installation of Parkinf Access and Revenue Control System (PARCS)
RMP File Number
304
Date
10/1/2015
MO Ref
15-155
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
55
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
Section 6.2 The Customer acknowledges that no Intellectual Property Rights will be <br /> transferred to the Customer in relation to Third Party Software, except to the extent provided <br /> hereinabove. <br /> Section 6.3 the Customer acknowledges and agrees to comply with any and all end <br /> user license conditions of Third Party Licenses, including, but not limited to end user license <br /> conditions for embedded Microsoft software and end user license condition for embedded Oracle <br /> software. <br /> Section 6.4 Without prejudice to the above all Third Party Licenses shall be on terms <br /> as the third party shall specify. <br /> S&B shall only be obliged to procure licenses of the object code and not the source code <br /> of any Third Party Software that is supplied in compiled form. <br /> S&B shall have no liability in respect of losses or damages resulting from Third Party <br /> Software or Third Party Documentation or by any failure by the Customer to use the Third Party <br /> Software or Third Aarty Documentation in accordance with the Third Party Licenses. <br /> Section 6.5 [f the Customer wishes to make any change to how it uses any Third <br /> Party Software or Third Party Documentation, differing from that originally requested under the <br /> Contract or envisaged by the Contract, it is the responsibility of the Customer to obtain any <br /> corresponding licenses from the producer of the Third Party Software or Third Party <br /> Documentation. <br /> Section 7. S & B does not warrant that the operation of S&B Licensed Materials will be <br /> uninterrupted or error free. For a period outlined in contract or support agreement documents, S & B <br /> wanants with respect to the S&B Licensed Materials (1) that they will perform without errors which <br /> would significantly affect its ability provide that functionality; and (2) the software will operate <br /> substantially in accordance with the functional specitications in Exhibit A to the Master Agreement <br /> (Scope of Work). S & B will correct any material noncanformance of the Licensed Materials reported by <br /> Customer. This warranty is contingent upon customer advising S & B of any failure of S&B Licensed <br /> Materials to perform. The notice to S & B shall specitically identify error or errars. <br /> Section 8. Intellectual Property Indemnity. S & B shall defend, indemnify, save and hold <br /> harmless Customer from and against any claims, losses, damages, fees, costs and expenses incurred by <br /> Customer arising out of or in connection with a third party's claim of infringement or alleged <br /> infringement of any United States patent, copyright, trademark, trade ar business secret, service mark or <br /> any other proprietary right based solely on the S&B Licensed Materials licensed hereunder and used by <br /> Customer strictly in accordance with the tern�s of this License Agreement provided that: <br /> 8.I Customer promptly, and in any e��ent, within ten (10) days c�f becaming aware of the <br /> claim, notifies S & B in writin�of such claims; <br /> 8.2 Customer gives reasonable assistance to S & A in the defense or settlement of such <br /> claims; and <br /> 8.3 S & B has the sole right to conduct the defense of such claim or to scttle such claim. <br /> 8.4 In addition, in the event S&B Licensed Materials licensed hereunder zfd held in such suit <br /> t�be infringing or misappropriating or their use by Customer is enjoined or limited in any manner, or S & <br /> REV:09-10-15 VR <br /> Page 60 of 61 <br /> ATTY/AGR2015.217/Scheidt& Bachmann USA, Inc. Parking Garage Equipment <br />
The URL can be used to link to this page
Your browser does not support the video tag.