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Agmt23 William R. Gray and Company DBA Gray-Bowen-Scott
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Agmt23 William R. Gray and Company DBA Gray-Bowen-Scott
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Last modified
5/22/2026 11:15:41 AM
Creation date
7/7/2023 12:01:43 PM
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Agreement
PROJECT NAME
US 101-84 Project Delivery
RMP File Number
304
Date
6/30/2023
MO Ref
23-091
Amendment
Yes
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<br />REV: 06-13-24 MI <br />Addendum #3 <br />Supplemental Terms for Support and Maintenance <br />Version 1.0 (Last Updated: April 3, 2023) <br /> <br />1. Scope. Provided that Company has paid the applicable fees, Trimble shall provide the Support described in these Support <br />Terms during the Maintenance Term (as defined below). The “Maintenance Term” shall be: (a) for Support for SaaS or Licensed <br />Software licensed for a limited term, the applicable Subscription Term, and (b) for Support for Licensed Software licensed on a <br />perpetual basis, the term specified in the Order, or if not specified, for a period of one (1) year. <br /> <br /> 2. Support. <br /> <br />2.1 During the applicable Maintenance Term, Trimble shall use reasonable efforts to correct or provide a workaround for any <br />reproducible programming error in the Software attributable to Trimble with a level of effort commensurate with the severity of the <br />error, as reasonably determined by Trimble. Upon identification of any programming error, Company or Customer shall promptly <br />notify Trimble of such error and shall provide Trimble with enough information to reproduce the error, including a listing of output <br />and any other data that Trimble may reasonably request in order to reproduce the error and operating conditions under which the <br />error occurred or was discovered. Trimble shall not be responsible for correcting any errors not attributable to Trimble. <br /> <br />2.2 Additional support terms are provided in the Additional Support Documentation on the following pages. If there is any conflict <br />between these Support Terms and such Additional Support Documentation with respect to the description of support services, <br />requirements or procedures, the provisions of such Additional Support Documentation will prevail. Company agrees and <br />acknowledges that Trimble may use third parties to provide Support on its behalf. Customer expressly consents to Trimble <br />permitting such third parties to access Customer’s information and data to perform the Support services. <br /> <br /> 3. Licensed Software Updates and Upgrades. During the applicable Maintenance Term, Company shall be entitled to receive <br />all upgrades and updates to the Software that are publicly released by Trimble. The contents and timing of all upgrades and updates <br />will be decided by Trimble in its sole discretion. Any such updates and upgrades will be deemed to be “Software” and licensed under <br />the terms and conditions of the Agreement, including any applicable software end user terms or license agreement. Updates and <br />upgrades exclude (a) new versions of the Software (e.g., a change to the left of the decimal in the version number [e.g., 1.x to 2.x] or <br />otherwise designated by Trimble), and (b) any separate modules and other functionality for which Trimble charges a separate fee. <br /> <br /> 4. Limitations and Exceptions. The following matters are not covered (and Trimble will not have any obligations with respect <br />to such matters) pursuant to these Support Terms: <br />4.1. Any Software for which applicable fees have not been paid; <br />4.2. Any problem resulting from the misuse, improper use, alteration, or damage of the Software; <br />4.2. Any problem resulting from improper or inadequate installation, maintenance, or storage of the Software; <br />4.3. Any problem caused by modifications of the Software not made or authorized by Trimble; <br />4.4. Any problem resulting from any hardware or software in either case not developed or supported by by Trimble, <br />including, without limitation: any computers, tablets, disk drives, operating systems, network hardware or software, <br />database, or any other hardware or third-party software; <br />4.5. Any problem resulting from the combination of the Software with other programming or equipment to the extent that <br />such combination has not been approved by Trimble; and <br />4.6. Errors in any version of the Software other than the most recent release, provided that Trimble will continue to provide <br />Support for superseded releases for a reasonable period (not to exceed ninety (90) days). <br />4.7 Support excludes on-site visits, installation and training, file conversion, optional products and services, directories, <br />consulting services, shipping charges, or any recommended hardware. <br /> 5. Termination or Expiration. Support will automatically terminate with respect to any Software that is no longer licensed for <br />use as a result of expiration or termination of the Agreement, or replacement of the applicable Software with new releases. <br /> <br />ATTY/AGR.2024/Amend. No. 1/Gray Bowen Scott (US 101 84 Interchange Project Delivery) (Page 12 of 23)
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