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Software License and Subscription Agreement
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2024-03-05 10:00 AM - Commissioners' Agenda
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Software License and Subscription Agreement
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Last modified
1/23/2025 3:40:19 PM
Creation date
1/23/2025 3:39:53 PM
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Meeting
Date
3/5/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Item
Request to Approve and Authorize the Auditor to Sign the Cayenta Financial Software Contracts
Order
2
Placement
Consent Agenda
Row ID
115019
Type
Contract
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5.2 Authorized User Acceptance Criteria. Harris reserves the right to have additional Authorized <br />User acceptance criteria that may be applied to Authorized Users prior to their ability to have <br />access to the Cayenta Offerings. Harris shall inform Organization of such criteria, but Harris shall <br />be free to implement such criteria at any time without prior written notice to the Organization <br />and/or to Authorized Users. Where Authorized Users do not accept such and/or agree to such <br />criteria, Harris reserves its rights to not grant to such Authorized Users access to the Cayenta <br />Offerings. Harris reserves its rights to restrict Authorized User access to the Cayenta Offerings <br />for any violation of any additional terms and conditions to which such Authorized Users agree to <br />access the Cayenta Offerings. <br />ARTICLE VI <br />THIRD.PARTY PRODUCTS <br />6.1 Availability Organization acknowledges that in order to provide the Cayenta Offerings, Harris <br />may be required to purchase, license or subscribe to Third-Party Products. Organization further <br />acknowledges that the availability of such Third-Party Products is based solely on the best <br />information available to Harris and its service providers as of the Effective Date including third <br />party representations and government regulations and is subject to change during the Term with <br />little or no advance notice. lf any necessary Third-Party Products are determined by Harris to be <br />unavailable as a result of changes to availability, governmental regulations or other condition or <br />circumstance outside of Harris's control, then (i) Harris shall not be in breach hereof or otherwise <br />liable for any failure or inability to provide the Cayenta Offerings as a result of such unavailability <br />of any Third-Party Products; and (ii) Harris may in its sole discretion modiff, change or replace the <br />applicable Third-Party Products and otherwise attempt to mitigate the impact of the such <br />unavailability of Third-Party Products, subject to Organization's right to terminate set out in <br />Section 12.6. <br />ARTICLE VII <br />ORGANIZATION RESPONSIBILITIES <br />7.1 Gooperation by Orqanization Organization acknowledges that the success and timeliness <br />related to access to the Cayenta Offerings and the Support Services, shall require the active <br />participation and collaboration of Organization and its staff and agrees to act reasonably and co- <br />operate fully with Harris as required. <br />7.2 Oroanization Equipment. Organization agrees that it shall be responsible, at its sole expense, <br />for providing all lnternet access, including but not limited to obtaining, installing and maintaining <br />all equipment, hardware, network, lnternet or direct telecommunications connections and <br />software applications, including web browsers, at Organization's facilities required for Authorized <br />Users to access and use the Cayenta Offerings. Harris shall not be responsible for the operation <br />of any lnternet, network or other communication services. Organization further acknowledges <br />that access to and the operation of the Cloud Services requires Organization's and Authorized <br />Users' hardware to be of sufficient quality, condition and repair, and Organization agrees to <br />ensure that Authorized Users maintain their applicable hardware in the appropriate quality, <br />condition and repair at its sole cost and expense. These requirements may also be necessary in <br />order to facilitate the achievement of completion of any Support Services. <br />7.3 Passwords. Organization agrees to comply with all Harris security policies and procedures as <br />provided to it and amended from time to time. Organization and its Authorized Users shall be <br />CONF|DENTIAa <br />,age 10 of 41 Cayenta Software and Subscription Agreement 2024-01-11
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