Software Maintenance and Licensing. The Contractor shall provide all software required for the proper functioning of the TIDs, and shall keep such software updated as necessary for that purpose throughout the entire Term of this Contract. The Contractor shall pay all licensing fees for any software not owned by the Contractor, and represents and warrants that it has full right and lawful power to permit such software to be used by the Supervisor pursuant to this Contract. The Contractor hereby grants to the Supervisor a fully paid, perpetual, non-exclusive license to use all of Contractor’s software and all third- party software required for the effective operation of the TIDs, and covenants that such license shall remain in full force and effect throughout the Term and for two (2) years thereafter. The Contractor will indemnify and save and hold the Supervisor, the City and the Parking Commission, and their respective officials, employees and agents, harmless from and against all claims of unauthorized use or infringement of any such software. If any such license shall prove to be invalid or unenforceable, the Contractor shall promptly obtain full right and authority to license such software to the Supervisor or shall replace such software with other software to which it has full legal rights, as is necessary to permit the continued operation of the TIDs in a functionally equivalent manner as previously operated under the unauthorized or infringing software.
Software Maintenance and Licensing. To ensure that all clients are using the latest version/revision of the NSS software, it is important that all licensing agreements, when applicable, as well as maintenance and support agreements are renewed on an annual basis. It is critical that all NSS clients maintain continuous yearly maintenance and support without a lapse in coverage to qualify for free product updates and discounts on future enhancement upgrades. When you pay your yearly fee, it verifies that you have the latest version of the program, and you are authorized to use the software for the year. Unless your maintenance and license is kept current, important improvements and/or updates may not have been added to your software program, resulting in the operation of an old outdated version. This could have an adverse effect when and if you require technical support. Clients who fall behind on updated enhancements will have to purchase all past updates to bring their software up to date. Maintenance and licensing income also helps to lower the initial cost of the software, making it more affordable to the end user as some of the cost is deferred into yearly licensing. Therefore, the yearly maintenance and licensing fees are an extension of the original purchase price and are considered mandatory fees. Some NSS clients are not charged a yearly Licensing fee as this fee has been incorporated into the initial purchase price. Software updates are included with the yearly maintenance software support renewal if this agreement is maintained uninterrupted and up to date. NSS reserves the right to support clients with current yearly agreements.
