IMSofTECH (2)/UtilitiesIMSofTech
IMSOFTECH, Inc.
MAINTENANCE AND PRODUCT SUPPORT PROGRAhl
TER1VIS AND CONDITIONS
APPROVED, AS
1. ADDRESSES AND COMMUNICATIONS
CORPQRATE OFFICE:
IMSoPI cch, Inc.
Attn: Pr~lductSupport
112 I asl [ me Street, Suite 200
Tylcl, TX 75702-5760
Tel: Q03-535-8222
Fax: 903-535-9015
2. DEFINITIONS
A. "Maintained Software" means the registered copy of the
IMSoffech. sofiware product licensed to you on the Maintenance
Registration Form If the licensee of the Maintained Software is a
corporation or othc~ entity, the "you" as used in this Agreement refers
(software) o: a nlaterml difference between the operation of the
Maintamed Soilware and the description of the operation of the
provided for the Maintained Software by IMSoffech.
corrective code or document, which rectifies a Discrepancy as
described above IMSoffech may, at its discretion, modify the end-
or (ii) describe changes. modifications or improvements made to the
Maintained SoI't,~alc "Correction" includes. but is not limited to.
IMSofTech Packaged Products Maintenance and Pnority Support
3. APPLICABILITY OF IMSOFTECH END USER LICENSE
AGREEMENT.
This Agreement and all soilware, documentation and media
provided under it is subject to all the terms and conditions of the
IMSoffech End U~cr License Agreement which exists between you
and [MSoffech. including the warranty and disclaimers.
4. ACCESS TO IMSOFTECH PRODUCT SUPPORT STAFF
A. IMSofl'cch Product Support Staff are available +o give you
assistance and advice on IMSoffech products or to receive
Discrepancy reports. during normal the hours defined in your End
User Site License Agreement. Attachment "A", at our office listed
above. You may also use regular or overnight delivery services. fax or
e/mail to commumcate with our Product Support Staff
B. Our Product Support Staff will, with your assistance if
necessary, investigate a suspected Discrepancy by attempting to
reproduce it afier receiving your report of a Discrepancy If the
Discrepancy is conf.'med, then, for Maintained Software, IMSoffech
will make reasonable efforts to provide you with a Con'ection. but
cannot guarantee to do so.
5. SOFTWARE NOT COVERED BY THIS AGREEMENT
A. Any soilware not listed on this Agreement under Products
Covered, which is located on the signature page of this agreement.
B. Third Party altered or modified Maintained Software.
C. Any consolidation of Maintained Software and other
software not covered by this Agreement
D. A lelease of Maintained Software tbr which Maintenance
Services have been discolqtinued.
E. Disc~epanclc~ caused by your negligence.
F, Dlscrcpanctcs ~esulting from hardware realfunction.
G. Manntamed Software used on a computer or operating
system other than that specified and supported by IMSofFech
FORM BY:
6. YOUR RESPONSIBILITIES
A. You agree to report all suspected Discrepancies through your
Support Contact to the IMSoffech Product Support Staff.
B. You agree to use reasonable efforts to assist IMSoffech's
efforts to find Corrections to confirmed Discrepancies reported by
7. ADDITIONAL SERVICES AND CHARGES
A. IMSolTech may offer additional services such as traming
and consulting under separate agreements. Such services can be
performed at a site and time mutually agreeable These services are
normally charged on a time and matefials basis plus expenses and are
subject to availability. You will be charged our standard rates in
effect at the time such services are incurred.
B. IMSoffech reserves the right to charge for services outside
of the range of normal support services. Such services considered
outside of the range of supported services are as follows: (I)
debugging problems in non-IMSoffech supported products, or in
combinations of IMSoffech supported and non-supported products
where the problem occurs in the non-lMSoffech product, (2) other
cases where it is judged highly likely that the suspected problem is not
the responsibility of IMSoffech and (3) retraining existing or training
new operators. IMSoffech offers regular classroom training in Tyler,
Texas, for both the General Ledger and Utility Billing/Technical
Services portions of the i-FIHANCE Suite. After initial training and
implementation, clients are welcome to attend these classes upon
advance reservation at a daily rate in effect at the time of attendance.
C. When a situation occurs where a reported problem is likely
to fall outside of the range of supported services, you will be advised
of the potential of incurring charges to have IMSoffech work on the
problem. An estimate of the cost of the additional service will be
communicated to you for your approval and agreement. No work on
such problem will occur until you have accepted, in writing, the
provided cost estimate. Should we find that the problem is, indeed,
caused by a supported product, no charges will be incurred However,
if it is proven that the problem is not the responsibility of IMSoffech
you will be charged, invoiced upon completion with payment due
upon receipt of invoice.. Should you not agree that the requested
service falls out of the bounds of supported services, your IMSoffech
sales person will be your representative at IMSoffech to mediate the
D. IM~offeeh upon prior notice, reserves the right to charge for
unusual or excessive telephone expenses or shipping charges in
connection with the Maintenance Services provided under this
agreement.
8. PAYMENT
The annual Maintenance Fee must be paid in advance of thin
Agreement's anniversary date, and will be invoiced in advance of said
anniversary date. The annual Maintenance Fee ts as specified on
Attachment "A" to the End User License Agreement. IMSoffech
reserves the right to increase the amount of the support agreement
with written notice by up to 15% per year. beginning 24 months from
the anniversary date of the End User License Agreement. After the
RevSTSA0500
initial 24 month period. [MSoffech reserves the right to increase the
amount of the support agreement with va-itten notice by up to 15% per
year, beginning 12 months from the anniversary of the support
agreement.
9. TERM AND TERMINATION
A. This Agreement will be effective and services provided
hereunder will commence as of the completion and verification by
IMSoffech of ~11 acceptance of payment of the appropriate
Malntenanc~ Pees; (2) registlatlon of this Agleenlent alter receipt of
the Maintenance Registration Form as completed by you; and (3)
proof of proper license thr the Software designated on the
Maintenance Registration Form is ascertained The Maintenance
Period commences as of the date of acceptance of the above, as
appropriate. IMSoffech may change the Maintenance Fee with 30
days written notice~ consistent with Attachment "A" to the End User
License Agreement and paragraph 8 hereof. which fee shall become
effective with renewal.
B. This Agreement will remain in et'~ct perpetually unless
tex~ninated by written notice thirty 130) days prior to expiration by
either party
C. II you cancel your maintenance you must purchase an
upgrade to tile cuncnt version of the product in order to register for a
new maintenance period. If you have previously received the current
upgrade version, the start of the new maintenance period will begin on
the date that you renew your Agreement. You must then fill out a
Maintenance Program Registration Form and return it to:
IMSoffech, Inc.
112 East Line Street, Suite 200
IMSofTech
Tyler, TX 75702-5760
D. If you do not have a Maintenance Program Registration
Form then call IMSoffech and one will be sent to you On thirty (30)
days advance va'itten notice, IMSoffech reserves the fight to
withdraw maintenance services on any or all Maintained Software or
other products, and to alter the prices, terms and conditions of the
Maintenance Program, in advance of any maintenance renewal,
consistent with Attachment "A" to the End User License agreement
and paragraph 8 hereof Any such withdrawal or alterations will
amend the Maintenance Program between you and IMSoffech as of
your renewal date.
E. If you allow your Maintenance Agreement to lapse more
than sixty (60) days from it's renewal date. a new Maintenance
Agreement must be entered into if continued support is desired. The
new Maintenance Agreement will be the standard Maintenance
Agreement ofl~red by IMSoffech at the time that this Maintenance
Agreement has lapsed, all associated fees of the new Maintenance
Agreement will apply.
10. MISCELLANEOUS
A. You may not assign this Agreement to a third party without
the prior written consent of IMSoffech. This Agreement and the
IMSoffech Product License Agreement shah be the only agreements
between IMSoffech and you with respect to the Maintained Software.
They cannot be modified except in writing and with the approval of
both parties. These Agreements supersede all prior agreements, oral
or written, relating to the Maintained Software
B. In addition, your current, paid Product Support Agreement
entitles you to all release maintenance updates
City of Carmel 371-571-2456
COMPANY TELEPHONE
1 Civic Square
ADDRESS
Catreel, IN 46032
CITY, STATE, ZIP
FAX NU1VIBER
PRODUCI'S COVERED: i-rlHANCE Utility Solutions
PLEASE SIGN HERE TO INDICATE YOU HAVE READ AND ARE IN AGREEMENT WITH THE TERMS AND
CONDITIONS OF THE IMSOFTECH A~AL MAINTENANCE AND PRIORITY SUPPORT PROGRAM REV
09/99 ,
PLEASE RETURN TO:
IMSoffech, Inc.
112 East Line Street, Suite 200
TYLER, TX 75702-5760
RENEWAL DATE:
2 Rev STSA0500
ApprovedandAdoptedthis/~//'dayof/~((fd/X~(r)tf{' ,2001.
CITY OF CARMEL, INDIANA
by and through its Board of Public
Works and Safety
BY:
JZBrainard, Ma or
ate:/~ - ~: ~/
ATTEST:
Diana Cordray, Clerk-Truer
Date: /,~/fS~//~ f