Right to Access and Use. Contractor grants County a non-transferable and nonexclusive right to use and access Contractor’s system, including all functionalities and services provided, furnished or accessible under this Contract. This includes the right of County to, and access to, all system maintenance and warranty updates, upgrades, new releases, patches, corrections, modifications, enhancements, fixes and support without Contractor requiring a separate maintenance or support agreement. County may use the system with any computer, computer system, server or desktop workstation owned or utilized by County or other authorized users. Contractor must not reduce or eliminate functionality in the system during the term of this Contract. Where Contractor reduces or eliminates functionality in the system, at County’s sole election and in County’s sole determination, County: (a) has, in addition to any other rights and remedies under this Contract or at law, the right to immediately terminate this Contract for cause pursuant to Paragraph 19, Termination, and be entitled to a return of any prepaid fees; or (b) may determine the value of the reduced or eliminated functionality and Contractor must immediately adjust the fees accordingly on a prospective basis. Where Contractor has introduced like functionality in other services, County has a right to use and access the new services, at no additional charge, with the same rights, obligations and limitations as for the services.
Appears in 2 contracts
Samples: Eligibility Management System, Electronic Records Management System
Right to Access and Use. Contractor grants County a non-transferable and nonexclusive non- exclusive right to use and access the Contractor’s system, including all functionalities and services provided, furnished or accessible under this Contract. This includes the right of County to, and access to, all system maintenance and warranty updates, upgrades, new releases, patches, corrections, modifications, enhancements, fixes and support without Contractor requiring a separate maintenance or support agreement. County may use the system with any computer, computer system, server or desktop workstation owned or utilized by County or other authorized users. Contractor must not reduce or eliminate functionality in the system during the term of this Contract. Where Contractor reduces or eliminates functionality in the system, at County’s sole election and in County’s sole determination, County: (a) has, in addition to any other rights and remedies under this Contract or at law, the right to immediately terminate this Contract for cause pursuant to Paragraph 19K, Termination, and be entitled to a return of any prepaid fees; or (b) may determine the value of the reduced or eliminated functionality and Contractor must immediately adjust the fees accordingly on a prospective basis. Where Contractor has introduced like functionality in other services, County has a right to use and access the new services, at no additional charge, with the same rights, obligations and limitations as for the services.
Appears in 1 contract
Samples: cams.ocgov.com
Right to Access and Use. Contractor grants County a non-transferable and nonexclusive right to use and access Contractor’s system, including all functionalities and services provided, furnished or accessible under this Contract. This includes the right of County to, and access to, all system maintenance and warranty updates, upgrades, new releases, patches, corrections, modifications, enhancements, fixes and support without Contractor requiring a separate maintenance or support agreement. County may use the system with any computer, computer system, server or desktop workstation owned or utilized by County or other authorized users. Contractor must not reduce or eliminate functionality in the system during the term of this Contract. Where Contractor reduces or eliminates functionality in the system, at County’s sole election and in County’s sole determination, County: (a) has, in addition to any other rights and remedies under this Contract or at law, the right to immediately terminate this Contract for cause pursuant to Paragraph 19Xxxxxxxxx 00, TerminationXxxxxxxxxxx, and be entitled to a return of any prepaid fees; or (b) may determine the value of the reduced or eliminated functionality and Contractor must immediately adjust the fees accordingly on a prospective basis. Where Contractor has introduced like functionality in other services, County has a right to use and access the new services, at no additional charge, with the same rights, obligations and limitations as for the services.
Appears in 1 contract
Samples: Electronic Records Management System