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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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responsible for keeping secret and confidential any and all passwords and Authorized User lDs <br />assigned to its Authorized Users. Organization agrees that it is and shall remain solely and <br />completely liable for any communications or other uses that are made using Organization's or its <br />Authorized Users' passwords and Authorized User lDs, as well as any obligation that may result <br />from such use. Organization agrees to notify Harris in writing if it believes that a password has <br />been stolen or might otherwise be misused. Organization agrees to notiff Harris immediately of <br />any unauthorized use of any password or Authorized User lD or any other breach of security <br />suspected by Organization. <br />7.4 Authorized Users. Organization, not Harris, shall be responsible for creating and maintaining <br />all Authorized User account information and for performing all other system administration <br />functions that are available within the Cayenta Offerings. Organization is responsible for: (i) the <br />actions of Authorized Users using the Cayenta Offerings; (ii) ensuring that Authorized Users <br />agree to any further terms and conditions as may be provided by Harris from time to time for <br />Authorized Users; and (iii) informing Harris of any information about Authorized Users' actions <br />that may affect the Cayenta Offerings, or Third Party-Products contained in or used by the <br />Cayenta Offerings, or Harris' ability to provide the Cayenta Offerings as contemplated by this <br />Agreement. <br />7.5 Compliance with Applicable Laws. Organization represents to Harris that it and its Authorized <br />Users will at all times be in compliance with all applicable local, regulatory, state, provincial, <br />federal and international laws including but not limited to those laws regarding restrictions on <br />exports, defamation, libel, harm to reputation, invasion of privacy, Data Protection Requirements, <br />misuse or failure to protect personal information of any category or definition, violation of secrecy, <br />confidentiality, unfair competition and other situations which could generate liability ("Applicable <br />Laws"). Organization is responsible for obtaining any necessary license or other authorization to <br />export, re-export, or transfer the CS. Organization represents that it, its Authorized Users and <br />CEP Users, and financial institutions used to pay Harris under this Agreement, are not named on <br />any list of prohibited or restricted parties, including but not limited to a U.S. government exclusion <br />list, designated nationals or similar list. Organization further warrants that it shall immediately <br />discontinue use of the CS if Organization or any Authorized User or CEP User is placed on any <br />such list and shall immediately discontinue any use of the Software Services by any customer of <br />Organization that becomes placed on such list. <br />7.6 Suitabilitv and Required Authorizations. Organization is responsible for determining whether <br />the Cayenta Offerings are suitable for its purposes, including for its compliance with Applicable <br />Laws. Organization shall determine whether the technical and organizational measures of the <br />Cayenta Offerings meet Organization's requirements, including Organization's security <br />obligations under Data Protection Requirements. Organization acknowledges and agrees that <br />(taking into account the state of the art, the costs of implementation, and the nature, scope, <br />context and purposes of the processing of its personal information as well as the risks to <br />individuals) the security practices and policies implemented by Harris and its service providers <br />provide a level of security appropriate to the risk with respect to its personal information. <br />7,7 Oroanization Data Securitv Organization acknowledges and agrees that use of or connection <br />to the lnternet is inherently insecure and provides opportunity for unauthorized access by a thi rd <br />party to Organization's and its Authorized Users' and CEP Users' computer systems and <br />networks, and to any and all information stored therein. Organization is solely responsible for and <br />maintaining privacy protections and security measures for components that Organization provides <br />CONF|DENTIAt <br />,age 11 of 41 Cayenta Soflware and Subscription Agreement 2024-01-11
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