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Agmt19 Assetworks LLC
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Agmt19 Assetworks LLC
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Last modified
3/26/2020 11:53:40 AM
Creation date
6/4/2019 10:27:39 AM
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Template:
Agreement
Contractor Name
Assetworks LLC
PROJECT NAME
Software maintenance renewal for Fleet Focus
RMP File Number
304.5
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b. New versions ("New Versions") of the Software may be issued by AssetWorks from time to time. <br />Compared to a Revision, a New Version substantially improves the performance of the Software <br />and/or substantially increases its functionality and capability. AssetWorks, in its sole discretion, <br />shall decide which upgrades and improvements will be issued as Revisions without charge and <br />which shall be issued as New Versions for which there may be a charge. <br />4. Telephone Hotline Assistance <br />AssetWorks, at its expense, shall make available technically qualified personnel to respond to all <br />reasonable telephone requests, Monday through Friday, excluding State holidays, during normal <br />business hours (8:00 a.m. to 5:00 p.m. EST) that may be made by the CUSTOMER relating to the <br />application and operation of the Software. At other times such personnel are available by beeper for <br />emergencies. <br />5. Technical Literature <br />AssetWorks shall make available to the CUSTOMER all technical literature that is considered by <br />AssetWorks to be relevant to the Software and its use within the scope of CUSTOMER's <br />operations. <br />6. Transmission <br />All Revisions and New Versions will be transmitted to the CUSTOMER on magnetic tape, magnetic disk or <br />other suitable media, at the option of AssetWorks. The CUSTOMER shall be solely responsible for <br />mounting the media and executing the appropriate instructions in order to transfer the Revisions or New <br />Versions onto to its system. <br />7. Remote Diagnostic Access <br />With the permission of the CUSTOMER, AssetWorks may remotely access the Software for the <br />purpose of remote diagnostics and support. <br />8. Proper Use <br />a. The CUSTOMER agrees that all reasonable effort shall be taken to ensure that neither the <br />Software nor data files are misused by CUSTOMER or its agents. <br />b. In the event that the CUSTOMER or its agents misuses the Software or data files, including, but <br />not limited to, inserting, updating, deleting or otherwise modifying data through a means other than <br />the Software, although AssetWorks is not obligated to correct such misuse, AssetWorks <br />shall be entitled to attempt to correct the situation, if possible, at <br />CUSTOMER'S expense. <br />c. In the event that diagnostic assistance is provided by AssetWorks, which, in the reasonable <br />opinion of AssetWorks and the CUSTOMER, relates to problems not caused by a Deviation in the <br />Software, such assistance shall be at the CUSTOMER's expense. <br />9. Software Maintenance Fee — Paid Up License <br />In consideration of the Maintenance services to be provided by AssetWorks for each twelve month period <br />hereunder, CUSTOMER shall pay to AssetWorks an amount equal to twenty percent (20%) of the total <br />amount of the non -discounted License Fee for the Software in effect at the time of the renewal. <br />10. Additional Software Maintenance Fee — Paid Up License <br />In the event the CUSTOMER acquires Software in addition to that indicated in Schedule 1 of the Software <br />License Agreement (the "Additional Software"), the Maintenance shall automatically be extended to cover <br />REV: 05-15-19 EI <br />Page 7 of 10 <br />ATTY/AG R.2019.130/Assetworks <br />
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