Non-Contractor Software. Contractor may procure, on City’s behalf, the third-party software pursuant to and in accordance with the license and maintenance agreements Exhibit F-1, Contractor’s Software License Agreement and Exhibit F-2 Contractor’s Cloud Services Agreement. Contractor shall serve as City’s agent for purposes of obtaining and implementing the items and services contemplated by such agreements. In procuring the third-party license and maintenance service, Contractor shall ensure the following: • The license and service include guarantees and warranties; • The City is either the direct or third party beneficiary to the guarantees and warranties of the agreement(s); • The license and service include option(s) to purchase a warranty for a longer period if commercially available, and that the City may exercise the option(s);
Non-Contractor Software. Contractor shall procure, on City’s behalf, the Third Party Software, pursuant to and in accordance with Exhibit A - Scope of Services. Contractor shall obtain from all suppliers of the equipment and the Third Party Software, all standard guarantees and warranties normally provided on all machinery, equipment, services, materials, supplies and other items used in connection with the performance of the Services, including all such machinery, equipment, materials and other items which are incorporated into the System. Contractor shall obtain from each such supplier guarantees and warranties which are assignable to City and shall, upon request of City, obtain an option for City to purchase a guarantee or warranty from such suppliers covering a longer period than the Warranty Period if commercially available at City’s expense. Contractor shall enforce all guarantees and warranties until such time as such guarantees or warranties expire or are, if applicable, transferred to City as contemplated by this Section 3. Such guarantees and warranties shall, to the extent they have been made assignable, be transferred to City upon expiration or termination of this Agreement. Such guarantees and warranties shall, to the extent they have been extended, be transferred to City upon the earlier to occur of (1) the expiration of the Warranty Period, and (2) termination of this Agreement. Contractor shall, to the extent that a warranty or guaranty has been extended or made assignable to City pursuant to this Section 3, deliver to City copies of all such guarantees and warranties and relevant extracts from all related technical specifications. Nothing in this Section 3 shall derogate from the obligations of Contractor to provide the guarantees and warranties described in, and to comply with the provisions of this Agreement.
Non-Contractor Software. Contractor shall procure, on City’s behalf, the Third Party Software, pursuant to and in accordance with the license and maintenance agreements attached hereto as Exhibit D. City shall execute and deliver the license and maintenance agreements for the Third Party Software. City shall comply with the terms and conditions of such agreements, provided that Contractor may serve as City’s agent for purposes of obtaining and implementing the items and services contemplated by such agreements. Contractor shall obtain from all suppliers of the equipment and the Third Party Software, all standard guarantees and warranties normally provided on all machinery, equipment, services, materials, supplies and other items used in connection with the performance of the Services, including all such machinery, equipment, materials and other items which are incorporated into the System. Contractor shall obtain from each such supplier guarantees and warranties which are assignable to City and which cover the Warranty Period and shall, upon request of City, obtain an option for City to purchase a guarantee or warranty from such suppliers covering a longer period than the Warranty Period if commercially available at City’s expense. Contractor shall enforce all guarantees and warranties until such time as such guarantees or warranties expire or are, if applicable, transferred to City as contemplated by this Section 3. Such guarantees and warranties shall, to the extent they have been made assignable, be transferred to City upon expiration or termination of this Agreement. Such guarantees and warranties shall, to the extent they have been extended, be transferred to City upon the earlier to occur of (1) the expiration of the Warranty Period, and (2) termination of this Agreement. Contractor shall, to the extent that a warranty or guaranty has been extended or made assignable to City pursuant to this Section 3, deliver to City copies of all such guarantees and warranties and relevant extracts from all related technical specifications. Nothing in this Section 3 shall derogate from the obligations of Contractor to provide the guarantees and warranties described in, and to comply with the provisions of this Agreement.
Non-Contractor Software. County is responsible for the installation and support of anti- virus software and operating system patches when approved by Contractor. In no event shall Contractor be liable for any damage or loss incurred in connection with or arising from County or Third Party software. The support does not cover errors in the AlinIQ Software, determined by Contractor to be caused by any misuse or modification of the AlinIQ Software, disaster, power failures, network outages, viruses, or any other software or product not provided by Contractor. County should promptly inform Contractor of any major modifications that in any way may affect the AlinIQ Software, including, but not limited to Third Party Products, interface engines, network modifications and/or system changes. If County requests Contractor to perform support in connection with such modification, such services will be subject to the Professional Services rate set forth in this Contract.
