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<br />e <br /> <br />e <br /> <br />APPLICATION SOFTWARE MAINTENANCE AGREEMENT <br /> <br />BETWEEN <br /> <br />CITY OF lA PORTE, TEXAS <br /> <br />AND <br /> <br />UNITED SYSTEMS TECHNOLOGY, INC.:! <br /> <br /> <br />4~ '~~~ <br />THIS AGREEMENT, made and entered into this ~ D y of , 1992, by <br />and between the City of La Porte, Texas, hereinafter called licensee, and United <br />Systems Technology, Inc., with offices at 3021 Gateway Drive, Irving, Texas, <br />75063, hereinafter called licensor. <br /> <br />WITNESSETH <br /> <br />WHEREAS, licensee has previously purchased a software license for certain <br />computer application software for its user system from licensor; and <br /> <br />WHEREAS, licensee desires to utilize and to protect all proprietary.rights of <br />said application software; and <br /> <br />WHEREAS, licensee desires to employ licensor for providing sustaining <br />maintenance and application software upgrades; and <br /> <br />WHEREAS, licensor has proposed acceptable terms for providing <br />maintenance and upgrading under an on-going contract basis. <br /> <br />NOW, THEREFORE, for and in consideration of the mutual covenants and <br />conditions hereinafter contained, licensee does hereby employ licensor to provide <br />sustaining maintenance and application software upgrade service and Licensor <br />does hereby accept employment in accordance with the covenants, conditions, <br />definitions and terms which follow, together with any appendices that are mutually <br />approved, attached hereto and made a part hereof. <br /> <br />ARTICLE I - DEFINITIONS AND lOCATIONS <br /> <br />Section 1 - Definitions <br /> <br />A. "Application Software" shall mean the source code and object code <br />supplied by licensor for the operation of all licensed application <br />software system(s) as outlined in the Application Software Contract. <br /> <br />B. "User System or Hardware" shall mean the equipment as outlined in <br />the Application Software Contract. <br /> <br />C. "Application Software Upgrades" shall mean improvements/upgrades <br />to the licensed application software which improves the operating <br />performance of the application software but does not change the <br />basic function of the licensed software. Licensor will provide <br />complete updates of application software versions without charge, <br />but reserves the right to invoice for personnel time and/or travel <br /> <br />PAGE 1 OF 6 <br />