983-Supp-HTE Software License ASUPPLEMENT TO H.T.E., INC. SOFTWARE LICENSE AND SERVICES AGREEMENT
BY AND BETWEEN SUNGARD HTE INC. AND CITY OF SANFORD, FL
SCHEDULE A-PRICING AND PAYMENT SCHEDULE
CONTRACT NO. SANF-20030326
This Supplement is to the H.T.E., Inc. Software License and Services Agreement (Agreement) dated October 1993, between
SunGard HTE Inc. (SunGard HTE) and City of Sanford, FL (Customer). Unless otherwise stated below, all terms and
conditions as stated in the Agreement shall remain in effect.
Designated Machine
Use of the Licensed Program(s) provided in this Supplement on platforms other than specified below, without written
permission fi.om StmGard HTE, may be subject to an upgrade charge.
Type: Model: Serial Number
Operating System: Tape Drive:
Annual
HTE Licensed Programs Support
HTE's VSI - RecTmc Interface to Cash Receipts - VI $ 370.00
HTE's VSI - RecTmc Interface to GMBA - VG $ 370.00
HTE Licensed Program Totals $ 740.00
Due As
Total Otherwise
Payment Schedule* Contract Noted
HTE Support Fees $ 740.00 $ 740.00
Grand Total $ 740.00 $ 740.00
APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED
TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER.
*Payments:
THE AMOUNTS NOTED ABOVE SHALL BE PA YABLE AS FOLLOWS:
Application Support Fees:
Travel and Living Expenses:
Prior to the cormmencement of the initial term of support. Support fees for subsequent
terms of support will be due prior to the start of that term at the then prevailing rate. Rates
for subsequent years of support service are subject to change.
Travel and living expenses are in addition to the prices quoted above and will be invoiced
as incurred and shall be governed by the SunGard HTE Corporate Travel and Expense
Reimbursement Policy.
IThe interface listed above is an interface only. Customer shall be responsible for obtaining the applicable hardware and
system sof~tware fi.om the appropriate third party vendor.
License
The license granted under this Schedule A permits the Customer, subject to the provisions of sections provided herein
to:
a. Use the Licensed Program on the designated Machine(s) for Customer's internal use only and not for the
processing of any data except Customer's (i.e., no service bureau use is permitted).
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b. Copy the Licensed Program in machine readable object code form to provide sufficient copies to support the
Cnstomefs use of the Licensed Program as authorized under this Schedule A.
c. Transfer the Licensed Program to a back-up CPU to be used when the designated CPU is temporarily inoperable.
d. Modify any Licensed Program to form an updated work for the Customers use, provided that:
1. The Customer supplies Sungard HTE with written notification of the modification.
2. The modification is made according to the Sungard HTE conventions of the Sungard HTE Modification
Library and not to the base system.
Customer is prohibited fi.om reverse engineering; reverse assembling and reverse compiling the Licensed
Program, in whole or in part. Failure to modify the programs in the manner prescribed may negate the ability to
maintain the Licensed Program by Sungard HTE and will relieve Sungard HTE of any responsibility to provide
support services. Any updated work using portions of the Licensed Program that meets the above criteria will
continue to be subject to all terms of this Schedule A.
Have access to a copy of the Licensed Program. Unless otherwise provided herein, the Licensed Program is
provided in and may be used in machine-readable object code form only. Sungard HTE offers die Customer,
through a third party escrow agent, a Source Code Escrow Agreement that provides for release of the source code
version of the Licensed Program fi.om escrow upon the occurrence of certain release events, such as Sungard
HTE's failure to provide required maintenance services as agreed.
Testing and Acceptance
There is no Testing and Acceptance period on the Licensed Program(s) herein.
Warranty
SunGard HTE warrants that for a period of ninety (90) days after acceptance, as provided for in the Testing and Acceptance
section, the SunGard HTE Licensed Program listed in this Schedule A will perform in substantial compliance with the
reference documentation supplied by SunGard HTE, provided the Licensed Program are used in the proper operating
environment. SunGard HTE does not warrant that the functions contained in the Licensed Program will meet the Customer's
requirement or will operate in die combinations which may be selected for use by the Customer after die ninety (90) day period
after the completion of the Licensed Program testing described in the Testing and Acceptance section. Any other utility or
incidental software distributed by SunGard HTE will be on an "AS IS" and "WITH ALL FAULTS" basis without warranty of
any kind either expressed or implied. SunGard HTE shall be responsible only for the Licensed Program and products as
originally supplied and accepted by Customer, and for changes made to the Licensed Program by SunGard HTE's authorized
representatives. SunGard HTE will not be responsible for the consequences of attempts at changes or modifications to the
products and Licensed Program made by the Customer or any other unauthorized party.
SunGard HTE warrants that it has die right to license the SunGard HTE Licensed Program listed in this Schedule A and that
the SunGard HTE Licensed Program does not infringe any intellectual property of any third party. SunGard HTE agrees to
indemnify Customer against expenses, including reasonable attorneys' fees, and liability arising fi.om any claim ofinfi'ingement
related to SunGard HTE Licensed Program provided SunGard HTE shall have die right to control the defense or settlement of
any such claim. If use of the SunGard HTE Licensed Program by the Customer is enjoined by any infringement proceeding,
SunGard HTE shall, if possible, obtain without unreasonable expense the right of License for the Customer to use the SunGard
HTE Licensed Program or if diat is not possible, SunGard HTE shall refund to the Customer the license fee(s) paid under this
Schedule A if the Licensed Program is determined to be infringing.
SunGard HTE makes no warranties, other than as stated herein, with respect to the particular Licensed Program,
either expressed or implied, including any implied warranty of merchantability or of fitness for a particular purpose.
SunGard HTE Support Services
The initial term of SunGard HTE application support services shall commence one hundred twenty (120) days after delivery of
the Licensed Program(s), and extend for a twelve (12) month term. Subsequent terms of support will be for twelve (12) month
periods, commencing at the end of the initial support period. Support Services do not include maintenance on modifications
made to the Licensed Program(s) at Customer's request. The following support services will be provided:
Toll flee telephone support line; twenty-four (24) hours a day, seven (7) days per week.
Electronic support.
Product updates and new releases of the covered Licensed Program.
Response to calls, under normal conditions, in approximately twenty-four (24) hours of receipt of incoming
call.
Error corrections as made.
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Preprinted Terms and Conditions
Preprinted conditions and all other terms not included in this Supplement or in the Agreement on any purchase order or other
document submitted hereafter by Customer are of no force or effect, and the terms and conditions of the Agreement, and if
applicable, this Supplement and the Hardware Purchase Agreement if applicable, shall con~'ol unless expressly accepted by
SunGard HTE in writing to the Customer.
The terms and conditions contained in this Supplement, including the prices, will be honored as set forth herein,
provided this Supplement is fully executed by June 30, 2003.
Customer warrants that the amounts to be paid hereunder will be paid out of appropriated funds and are not part of a
financing arrangement with any third party.
CITY OF SANFORD
Print Name & Title
Date
SUNGARDHTEINC.
Authorized Signature
Ronald E. Goodrow, Executive Vice President
Print Name & Title
May 6, 2003
Date
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