Orange County NC Website
7 <br /> This Quote constitutes a Supplement to the Contract and Agreement by and between the parties hereto.Except as otherwise provided herein,all terms and <br /> conditions of the Contract and Agreement shall remain in full force and effect. As applicable for certain customers,the term"Contract and Agreement"is <br /> defined as the Software License&Services Agreement and the License Program Support Agreement between the parties hereto. <br /> Should Customer terminate this agreement per the"Term of Contract"Section of the Contract and Agreement,the Customer agrees to pay,immediately upon <br /> termination,the remaining balance for all hardware,software,and services delivered prior to the termination date together with travel reimbursements,if any, <br /> related to the foregoing. Notwithstanding any language in the Contract and Agreement to the contrary,the purchase of support services is NOT necessary for <br /> the continuation of Customer's License. <br /> Licensed Program(s)are provided in and may be used in machine-readable object code form only. SunGard Public Sector offers the Customer,through a third <br /> party escrow agent,a Source Code Escrow Agreement that provides for release of the source code version of the Licensed Program(s)from escrow upon the <br /> occurrence of certain release events,such as SunGard Public Sector's failure to provide required maintenance services as agreed. <br /> Applicable taxes are not included,and,if applicable,will be added to the amount in the payment of invoices}b eing sent separately.Travel and living expenses <br /> are in addition to the prices quoted above and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. <br /> The SunGard Public Sector application software warranty shall be for a period of one (1)year after Delivery. There is no Testing and Acceptance period on <br /> the Licensed Program(s)herein. <br /> Any interfaces listed above are interfaces only. Customer shall be responsible for obtaining the applicable software,hardware and system software from the <br /> appropriate third party vendor. <br /> Preprinted conditions and all other terms not included in this Quote or in the Contract and Agreement,stated on any purchase order or other document <br /> submitted hereafter by Customer are of no force or effect,and the terms and conditions of the Contract and Agreement and any amendments thereto shall <br /> control unless expressly accepted in writing by SunGard Public Sector to Customer. <br /> Third party hardware/software maintenance and/or warranty will be provided by the third party hardware and software manufacturers). SunGard Public <br /> Sector makes no representations as to expected performance,suitability,or the satisfaction of Customer's requirements with respect to the hardware or other <br /> third party products specified in this Quote.The return and refund policy of each individual third party hardware software supplier shall apply. <br /> This Agreement is based on the current licensing policies of each third party software manufacturer as well as all hardware manufacturers. In the event that a <br /> manufacturer changes any of these respective policies or prices,SunGard Public Sector reserves the right to adjust this proposal to reflect those changes. <br /> This Quote shall be effective notwithstanding any provisions as to non-availability of funds contained in the Contract and Agreement. <br /> The date of delivery is the date on which SunGard Public Sector delivers,F.G.B.SunGard Public Sector's place of shipment,the Licensed Program(s)to <br /> Customer. <br /> For training and on-site project management sessions which are cancelled at the request of Customer within fourteen(14)days of the scheduled start date, <br /> Customer is responsible for entire price of the training or on-site project management plus incurred expenses. <br /> Payment Terms are as Follows: <br /> License,Project Management,Hardware and Third Party Software Fees are due upon execution of this Quote. Installation is due upon completion. Custom <br /> Modifications,Development,Conversion,Hardware and Third Party Software Implementation is due 50%on execution of this Quote,and 50%due upon <br /> invoice,upon completion. Unless otherwise provided,other Professional Services are due monthly,as such services are delivered. Additional services,if <br /> requested,will be invoiced at then-current rates. Training and Travel/Living expenses are due as incurred monthly. Any shipping charges shown are estimated <br /> only-actual shipping charges will be due upon delivery. <br /> SunGard Public Sector Application Annual Support-the initial term of Maintenance and Support Services is included in License Fees and begins upon execution <br /> of this Quote and extends for a twelve(12)month period.Subsequent terms of support will be for twelve(12)month periods,commencing at the end of the <br /> initial support period. Support fees shown for the second term of support shall be due prior to the start of that term. Fees for subsequent terms of support will <br /> be due prior to the start of that term at the then prevailing rate. Third Party Application Annual Support Fees-payment terms shall be as provided by the Third <br /> Party to Customer with the exception that any fees listed above for the initial term of support are due upon execution of this Quote. <br /> Accepted: <br /> Orange County Sheriffs Office,NC <br /> Signature Date Printed Name <br /> 7/30/2015 08:20:57 SUNGARD r U 1B I"""C SIEC."TUR AZPS 2170-02 Page 5 of 5 <br /> Q g <br /> S <br />