2003 S Planning - Geo-Base/Land Management & Permit Information Tracking System ('Permits Plus)

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M Third party applications (t.hcse appbcat)ons or fecOhits not supplied by Accela) whk h nvay utilize and rely on the data structure and specific relationships may be adversely affected by these changes. Third party applications may be rendered inoperative, or produce results which are Inatccurate or unreliable due to modifitoatiorm of the data structure. These anomalies. when created by changes in the 'Saffware- rata structure, M"n third party applications am not the responsibility of Acosta nor covered under any level of software maintenance agreement_ .06. Acosta. as a po6c. does not provide assistance or additional activity development on permit or activity types whist have been developed by non - Acosta employees running in conjunction with the "Software". Acceta has no certification program for third party providers of devoloOrrmntall services within the 'Software". nor does Acosta recommend the use of third party assistance provider. Activities and perm is developed for agency €"•se are not covered by any level of software maintenance. .07, A seta recommends and supports the nstwodc confiirjuratlorn as specified in the most recent release of the -Software` imif+iementatim guide. No other network configurations. specifically any configurations dit%ring from those specifications are suppWed arg or covered by arty sevet of software maintenance, Any assistance rendered in support of configurations not specificatfy approved in advance wig be bitted at the preva#liig time and materials rates for such assistance. .08. Arcola shat be entitled to rely upon as accurate and correct any specifications, criteria, maps or any other data fun F had by User or others. If subsequerd errors are discovered in data fumishbd by User which necessitals redoing services, Acosta shad he compensated for such extra services. Acosta stiadi not be f'iable to User for errors or orninions in data furnished by User. s • a •mid. IM Acosta std be responsible for delivery of the `Software" So rue Code to AcceWs escrow axocs-d. Soup gods for the nest Olzrent version will be made avalL&ble frame the escrow agent to User a) 'fie most triers version of the 'SoflwaW is not supported by Ac; eta. In such cast, dies of the *$Oftwar+a• written by Acosta and dooumentation will be provldsd to the User under the tonym of the fi 94enanc a Agreement. Source Code wd be made available for a fee end to the t.ioense l=ets. User has unrestricted access to the - Soft+timW It has accept from Aicootk fort may not WanSfer source cote or documentation to any other agency, comrnercial or prtvale bus Zs under any oonddians. .04. User shall include and shah not alter, netim&,* or camel, any copyright trade secret or other Proprietary notices on the "Software'. .lam Tdie and ownership Its the 'Sow• and fntette WW Property P4ft is not hereby nor in any o9w way transkaod to ter User acWsomb(Iges that Acosta retains the eicilusivo rigta to sek leans. license, assign, or otherwise transfer firs 'Software` (and any module thereolj and that Acosta may eider fry sssA rhia ar identical c NwyMnC s of s'rr r or WwvkW A" wth other Accela cferifer. .06. User may not rase or Permit ftclbsum of, or acesss to, the `Software• in whole, in part or in any form to MY person, porn, carpor.tiort or other ardty who or wNch am not salaried employees cf the User witfioul the expressed prior written consent of Acosta. ACCEU.A acknowledges that Customer is a governmental entity and as such is subject to regulations Wwornin9 public information. Customer wdl notify event a request for inioenvdk may cnt�d mvt the terms cited herein, However. Customer will information in ace m with the then Preva g Imn 9ovemHhO wxh natters. ACCELLA agrees to hold Customer harmiless from the terms of Ns Agreement in such event with Customer would have been in viaMIllon of pubic Worrnabon taws had Information been wdhheid. M The User steal not m*e cqles of the *sOftwars• swept Umat reserve copies of a magnetically recorded ' SoftwaW that is delivered on tape or nvW*bc disk mocfie may be made to pried arga °SoitwaW dosbuction for back -up procedures. A13.00. WAftRAtInES. i t)► e zr h'C- Frcedac 3 (ZER ACOMk M -7