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2011-199 Finance - IMMIX Technology for Kronos Automated Time Keeping System
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2011-199 Finance - IMMIX Technology for Kronos Automated Time Keeping System
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8/7/2012 1:07:44 PM
Creation date
12/6/2011 3:45:55 PM
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BOCC
Date
6/20/2011
Meeting Type
Work Session
Document Type
Contract
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Manager Signed
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immixTechnc~fc+gy, Inc" <br />asubsid€aryof ir~~riixf~y <br />(vi) Ordering Activity's repair, attempted repair or modification of the Products <br />Professional services provided by Contractor in connection with the installation of any Software or firmware upgrades, if available, and if <br />requested by Ordering Activity are not covered by Depot Support Services. Firmware (including equipment service packs) which may be <br />available to resolve a Product issue is not installed by the Manufacturer Depot Repair Center but is available for download at Contractor' <br />customer web site provided Ordering Activity is maintaining the Product under an annual Depot Support Services plan with Contractor. <br />WARRANTY AND DISCLAIMERS. Contractor warrants that all repairs performed under this Attachment A shall be perforated in a <br />professional and competent manner. ALL OTHER WARRANTIES FOR THE REPAIR SERVICES PROVIDED HEREUNDER, EXPRESS OR <br />IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY, ARE EXCLUDED BY <br />ATTACHMENT A OF THE PARTIES. <br />REMEDY. The remedy of Ordering Activity and sole liability of Contractor shall be replacement of the repaired Product. <br />EXTENDED SUPPORT PROGRAM (DELL SERVERS) <br />An Ordering Activity purchasing the Extended Support Program for its Dell servers purchased from Contractor shall receive a specialized, <br />bundled set of Contractor Support Services. Because of the specialized nature of these services, the following terms and conditions shall <br />apply to the Extended Support Program. <br />Payroll Tax Process and Reporting Services (Only available in the United States) <br />(i) Ordering Activity understands that Empower shall supply the Payroll Tax Processing Services to Ordering Activity using Ordering Activity's <br />data, and that Ordering Activity is required to transmit accurate data to Empower, and review all draft returns provided to Ordering Activity by <br />Empower, in a timely fashion in accordance with any applicable Empower terms set forth in an order. <br />(ii) Ordering Activity understands and acknowledges that all Services (including support services) rendered by Contractor and Empower will be <br />based upon information furnished by Ordering Activity. Assuming the receipt from Ordering Activity of accurate information, timely-submitted <br />and correct data, and, if applicable, timely funding of payroll tax liabilities by Ordering Activity, Empower assumes full responsibility to Ordering <br />Activity for the accurate and timely payment of applicable liabilities to the proper taxing authorities, in the manner prescribed by those <br />agencies. Should Empower fail to comply due to its negligence, Empower shall be responsible for any related penalties which may result, <br />provided Empower has the authority to negotiate those penalties at its own expense. <br />Dell Ready to Run Program <br />(i) The Dell hardware products with which the Software is bundled ("Dell Products") are subject to Dell's U.S. Terms and Conditions of Sale <br />("Dell Terms and Conditions"), a copy of which shall be provided by Dell directly to Ordering Activity. The only warranty applicable to Dell <br />Products, if any, is limited to the warranty stated in the Dell Terms and Conditions. Contractor reserves the right to substitute a Dell Product <br />with another Dell Product of equal or greater functionality if the Dell Product ordered by Ordering Activity is unavailable. <br />(ii) Contractor is not responsible for support of the Dell Products and shall not be liable for any costs, damages or expenses resulting from <br />problems with the Dell Products. Ordering Activity is to contact Dell for any problems or questions with the Dell Products. <br />(iii) The Dell Return Policy, as described in the Dell Terms and Conditions, is not available on Dell Products purchased through the Program. <br />All other Dell Terms and Conditions shall apply as described therein. <br />(iv) The Dell Products are sized by Contractor based on the employee capacity of the Software licensed by Ordering Activity. In the event that <br />Ordering Activity purchases additional license capacity of the Software or adds other applications to be run on the Dell Products, it may <br />become necessary for Ordering Activity to purchase additional Dell Products in order to maintain the increased server load. <br />(v) If Ordering Activity is sublicensing Microsoft SQL Server software as part of the Program, the following additional terms shall apply: The <br />Microsoft SQL Server software being sublicensed hereunder ("SQL") as part of the Contractor Software is standard edition ("Runtime- <br />Restricted Use") software; as such, SQL may only be used to run the Software. SQL may not be used either (i) to develop and/or (ii) in <br />conjunction with, new applications, databases or tables other than those contained in the Software. The foregoing, however, does not prohibit <br />Ordering Activity from using a tool to run queries or reports from existing tables, and/or from using a development environment or workbench, <br />which is part of the Software to configure or extend such Software. Notwithstanding any provision of the Attachment A, Ordering Activity may <br />only transfer SQL as part of the Software. Ordering Activity also agrees to use the Microsoft SQL Server software only on the servers, <br />processors or other electronic devices which the Software is permitted to be connected. <br />Dell Extended Support Program. <br />ADDITIONAL SERVICE OFFERINGS PROVIDED UNDER EXTENDED SUPPORT PROGRAM <br />Services Description <br />Upgrades Installation of every other software point release is included. Contractor will perform the technical work <br />required to upgrade your software. New feature configuration, project management, testing, and training <br />are not included and can be ordered separately. <br />`Database Monitoring and Contractor is responsible for monitoring and managing performance of the DBMS. This includes running all <br />~a-oor-ucoan www.immixtechnology.com Page ST-156 <br />
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