HomeMy WebLinkAbout20020199.tiff ADDENDUM TO
AGREEMENT FOR LICENSING OF SOFTWARE PRODUCT, TELEPHONE
SUPPORT, SOFTWARE MAINTENANCE, UPGRADES AND ENHANCEMENTS
AND TRAINING SEPTEMBER 25, 2001.
This is an addendum (hereinafter"Addendum") to an agreement that became effective
July 10, 2000 for the use and support of a software product called Envision for Windows
(hereinafter"Agreement"), between Decade Software Company(hereinafter"Decade"),
and the Weld County Department of Health (hereinafter"County").
1. PURPOSE: The purpose of this Addendum is to license four(4) seats of the Envision
for Windows-Field Inspection System (hereinafter"Software") to the County. The
software includes computer programs, in object form, and all related documentation
and materials, and all modifications made hereafter, in whole or in part. The
Software is owned and copyrighted by Decade, and County will have no rights other
than the license use rights granted in this Addendum.
2. LICENSE: By this Addendum, County is granted a non-transferable, non-exclusive
license to use four(4) seats of Software only on County's computer system and for
County's purposes. County agrees to not allow access to the Software to any third
party without written permission from Decade. County will install Software on four
(4) portable computers with a Windows 95, 98, 2000 or NT operating system.
County may copy Software only for backup and archival purposes. County agrees to
maintain appropriate records on the quantity and location of all such copies, and
produce same on demand by Decade. County agrees to include the copyright notice
of Decade on all copies, in whole or in part, in any form. County shall receive prior
written approval from Decade before copying any portion of the Software for any
other purpose.
3. EFFECTIVE DATE AND TERM: This Agreement shall become effective January
10, 2002, or when Decade provides Software or services hereunder, whichever is
earlier. The initial term of this Agreement will be from January 10, 2001 through
July 9, 2002. Each subsequent term shall be for one (1) year.
In the event the Agreement is not terminated, as specified herein, it shall be
automatically renewed for successive one (1) year terms on the same conditions in
effect at the conclusion of the ending term.
Either party may terminate this Agreement at the end of the initial or any successive
term by giving the other party at least thirty(30) days prior written notice.
4. PRICES AND TAXES: The price for the term beginning January 10, 2002 and
ending July 9, 2002 is $3,400. For successive terms, the fee will be invoiced annually
by Decade. The price for each successive term will be $6,800. If Decade elects to
increase prices for any successive term, Decade will notify County in writing at least
sixty(60) days prior to the end of the then current term. APPENDIX A contains third 0P e0/,a.
2002-0199
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C�6Y o Initial Initial
party software and training fees. These fees are payable when invoiced. Any tax,
such as sales and use taxes, exclusive of property and income taxes, that Decade is
required to collect or pay based upon the sale or delivery of products or services
under this Agreement shall be paid by County to Decade, or County shall pay directly
to the taxing agency with proof of payment provided to Decade. This obligation
extends retroactively if so assessed by a taxing agency.
5. CONFLICTS: Any clause of this Addendum found to be unenforceable shall be
severed from this Addendum and the remainder of the Addendum shall remain in
full force and effect. If this Addendum introduces conflict with the Agreement, the
Addendum shall prevail.
The person signing this Addendum on behalf of County warrants that they have read
and understand all the terms and conditions contained herein, are authorized to sign
on behalf of County, and accept personal responsibility for damages if they are not so
authorized.
Authorized Signatures
Accepted: J S
Signature: .27
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Title: ?)oc._ iel C ` > SS , onc s CId
Date: I J-
Agreed: Decade Software Company, LLC
Signature:
Name: Kevin Delaney,President- 144 ,,., 6,4,-
Date:
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APPENDIX A : ADDITIONAL FEES
A. On-site Training and Consultation— $6,100
System Set up (1 day), Train-the Trainer(2 days). Our travel expenses are
included in the cost.
B. Sybase Licensing Investment - $860
The Field Inspection System uses a database product called SQL Adaptive Server
Anywhere with Data Replication created by Sybase. This product is licensed
separately, but the licenses can be purchased through Decade Software. This
proposal addendum includes the purchase of 4 seats of SQL Remote Version 5.5
with the upgrade subscription to Version 8.0, which will be implemented by
Decade Software Company, LLC in the next 12 month. The upgrade purchase is
optional, but is recommended by Decade.
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