Unimark EC3000 Series Specifikace stáhnout pdf (Strana 2)

AIMS System and Services Agreement Page 2 of 60

WHEREAS, County is not acquiring the Goods, Services, Hardware, Software

and other equipment and products and entering into a license for the Contractor

Licensed Software as separate entities. Rather, Contractor acknowledges that County

is purchasing these items and licensing the Contractor provided Licensed Software to

operate as a whole with the items to be supplied by County and Contractor so that

together all items will provide County with the System in a multi-user environment, with

the interfaces with other County entities, data processing programs and Software

applications and that this is the essential purpose to be served by County's acquisition

of the System, Services and licensing from Contractor; and

WHEREAS, Resolution No. 95-937 of the Board of County Commissioners of

Broward County, Florida, relating to County’s Computer Software Policy, established a

requirement for inspection of all computer application Software systems purchased or

developed for Broward County by third parties costing over Twenty Thousand Dollars

($20,000.00) prior to its acceptance by County. Contractor recognizes that all computer

application Software purchased or licensed by Broward County from Contractor, and

without limiting the foregoing, in particular, the System acquired under the Agreement,

shall be inspected and tested by the County’s Office of Information Technology prior to

acceptance of the System. Also, all contracts for the purchase of computer application

Software costing more than Twenty Thousand Dollars ($20,000.00) shall include

clauses providing (i) for inspection and testing by the Office of Information Technology

of such computer application Software prior to formal acceptance of that Software by

Broward County, and (ii) that final payment shall not be made prior to formal acceptance

of the System by County. The Office of Information Technology will coordinate its

acceptance responsibilities with those of other County entities utilizing the standards for

acceptance set forth and described in the Agreement. The Office of Information

Technology’s failure to accept the System shall constitute non-acceptance by County.

In the event of such non-acceptance and only after full repayment by Contractor of any

and all monies paid by County to Contractor pursuant to the System Agreement and the

License Agreement, subject to third party claims against Contractor, County shall return

the Licensed Software, as hereinafter defined, Documentation and the Goods received

from Contractor and promptly remove the Licensed Software from any and all County

Hardware upon which the Licensed Software may reside. The parties also recognize

and agree that County's obligations under the System Agreement and the License

Agreement are specifically conditioned upon its accepting the System as set forth and

described in this System Agreement.

NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions,

promises, covenants and payments which follow, County and Contractor agree to the

following:

Exhibit 3

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Unimark EC3000 Series Specifikace Strana 2