AG 1999 06 21 - Laserfiche WebLink

Home Browse Search

3. TERM. This Agreement and the license granted herein shall be effective from the date hereof and shall remain in full force and effect perpetually, unless earlier terminated pursuant to the terms of this Agreement and subject to appropriation of funds by Lessee. 4. TERMINATION. In the event of a material breach of this Agreement by either party of any of its obligations hereunder, the non-breaching party shall be entitled to terminate this Agreement and pursue all of its rights hereunder or at law or in equity. There shall be no right to termination by either party absent such a material breach. In the event of a breach of this Agreement by either par[y, written notice of the basis of such breach must be sent to the breaching party pursuant to the terms of this Agreement and such breaching party shall be granted ten (10) days to correct such material breach. In the event such material breach is not corrected within such ten (10) day period, the non- breaching party shall have the ability to terminate this Agreement and pursue any rights and remedies available to it. 5. BREACH OF AGREEMENT. For purposes of this Agreement, material breaches of this Agreement shall include, but not be limited to the following actions: (i) Licensee's unauthorized duplication of the software or related documentation material; (ii) either parties unauthorized use, distribution or disclosure of any trade secrets of the other party or other confidential materials of the other party to third parties without consent; or (iii) Licensee's use of the software on CPU's not authorized pursuant to the terms hereunder. 6. TAXES. Licensing fees set forth herein are exclusive of all taxes which may be levied as a result of the license or use of the software, which taxes shall be the responsibility and obligation of the Licensee. 7. TRAINING. Licensor will provide a competent instructor for training to be conducted at Licensee's location, subject to the following: (a) Licensor shall provide a maximum of five (5) continuous 8 hour days of training of the systems being licensed. (b) Licensor shall provide two (2) current operator manuals for each application system being licensed hereunder. Additional operator manuals requested at a later time will be invoiced at a rate of $25.00 per manual. (c) Licensor will provide additional on-site training in addition to that training set forth in (a) above, at the request of Licensee, at a rate of $500.00 per day plus reasonable expenses. 8. ACCEPTANCE. Acceptance of the software shall be as specified in Section 5 or Section 6 of that separate agreement between Licensor and Licensee of even date titled "Agreement", covering tax billing, collection, appraisal, motor vehicle, and business personal software.