Agmt99 Lucent Technologies - Laserfiche WebLink

Browse Search

of time up to the effective date of such changes, for LUCENT to provide such updates. Further, such updates may also contain, in addition to fixes, nevv products or modules, but such new products or modules can only be licensed to CITY upon payment of any applicable right-to-use fee. i 6. LUCENT agraes that, notwithstandinS anY other �'va�'rann' P��ded to CITY pursuant to ttus Agreement, its public safety Soflware provided hereunder will be Year 2000 Ready. For purposes of this Agreement "Year 2000 Ready" means the Software will (a) process calendar dates falling on or af�er lanuary 1, 2000, with substantially the same functionality as such Sofi�vare processes calendar dates falling on or before December 31, 1999, (including leap year calculations), and (b) provide substantially the same functionality with respect to the introduction of records containing dates falling on or after January 1, 2000, as it provides with respect to the introduction of re�ords containing dates falling on or before December 31, 1999, (including leap year calculations). All of the foregoing shall be known as "Year 2000 Ready." When CI'TY licenses more than one version of Year 2000 Ready Soflware, such versions of Soflware, if they are intended by LUCENT to interoperate, will be compari'ble and interoperate in such manner as to process between them, as applicable, corre�tly as described above. All of the foregoing functionality shall be known as"Year 2000 Interoperability." For the purposes of this Agreement, the Year 2000 Warranty Period with respect to Year 2000 Ready Software shall be coterminous with other warranty provisions for LUCENT's public safety Products. In any event, the warranty period for the warranty regarding that Software which is Year 2000 Ready shall not terminate sooner than March 31,2000, even if the other warranty provisions terminate eariier. The foregoing sets forth an additional warranted specification for LUCENT Soflware that LUCENT identifies as being Year 2000 Ready. The failure of such LUCENT Soflware to meet such spe��cation during the Year 2000 Wananty Period shall, to the extent LUCENT Software remains subject to this wamanty protection, entitle CITY to the remedies set forth in this Agreement. Moreover, nothing in the foregoing shall be deemed to make LUCENT responsible for Year 2000 Interoperability of Non-LUCENT Software interoperating or intended to interoperate with LUCENT Soflware, whether or not the Non-LUCENT Soflware was supplied by LUCENT. LUCENT agrees, howeve�r, to require the Non-LUCENT Software vendor to inform LUCENT whether or not such Non- LUCENT Software is Year 2000 Ready. If Non-LUCENT Software that the thitd party vendor ident�es as Year 2000 Ready does not interoperate with LUCENT's Year 2�00 Ready Software, then LUCENT agrees to work with the third party vendor to achieve corrective action. THE FOREGOING SOFTWARE WAR.RANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER EXPESS AND IMPLIED WARRAN'TIES INCLUDING, BUT NOT LIMITED TO, WARR_ANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITY'S SOLE AND EXCLUSIVE REMEDY SHALL BE LUCENT'S OBLIGATION TO REPLACE OR MAKE REPAIRS OR CORRECTIONS. B. Equipment Warnanty. LUCENT warrants at the .time of final acceptance that all individual components of ttie System and the System as an integrated unit, (with the exception of any wiring or equipment provided directly by the CITY or its contractor) will function free of Equipment defects. LUCENT shall pass through to the CITY all warranties provided to LUCENT by all suppliers providing Equipment for CITY's System. The warranty period for Equipment furnished under this Agreement shall commence upon installation. Section 11 LICENSES AND ALTTHORIZATIONS CITY agrees to obtain, at its sole expense, all licenses and authorizations required for installation and use of the System prior to the scheduled installation of the Equipment. Although LUCENT may assist in the Lucent Technologies/Redwood City, CA 7 _ . . .. _ .