10-24-11 Regular Meeting of La Porte City Council

Browse Search

described under this Section 2, Client will pay Hart for such services on a time - and - materials basis at Hart's then - prevailing rates, plus expenses, and for replacements at Hart's list prices, unless otherwise agreed in writing by Hart and Client. 2.1.1 General Software Support General ,Software ,Support will consist of assisting the Client in the design and production of elections, including pre- election and post - election testing and general operation of the HVS. 2.1.2 Software Support Services Software Support Services will consist of periodic updates and any software "bug" corrections to Hart software. A software "bug" is any malfunction that prevents the Hart software from performing substantially as described in the then - current operator's manual for such software. Because not all errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be corrected. Hart reserves the right to determine whether any reported, claimed software malfunction is in fact a "bug." Software "bugs" must be reported in writing and be accompanied with sufficient detail to enable Hart staff to reproduce the error and provide a remedy or suitable corrective action. The exclusions from warranty coverage under Section 13 also are exclusions from Software Support Services under this Section 2.1.2. 2.1.3 Engineering Services In anv case where Hart software interfaces with a third party software system, including but not limited to, the Client's voter registration system, non -Hart election management system, early voting validation system, non -Hart election systems, absentee envelope management systems, or other like systems; Hart will not be responsible for proper operation of any Hart software that interfaces with the third party software should such third party software be upgraded, replaced, modified, or altered in any way. Hart will also not be responsible for the proper operation of any Hart software running on Client's computer equipment, should Client install a new computer operating system on said equipment without advising Hart of such changes and receiving Hart's written approval. Engineering services and associated costs may be required in those situations where the Client requests Hart's review and approval of any system changes outside the original system specifications at the time of the original acceptance date of this Agreement and the Hart Voting System Master Agreement. Hart will not be responsible for the proper operation of any Hart software that interfaces with third party software should such third party software be configured or operated in any manner contraiv than that described in a Statement of Work ( to be attached as a mutually agreed upon Schedule to this Agreement if engineering services are requested by the Client). 2.1.4 Client Suggestions and Recommendations Client may propose, suggest, or recommend changes to the Software at any time in writing to Hart. Such proposals, suggestions, or recommendations will become Hart's property. Hart may include any such proposals, suggestions, or recommendations, solely at Hart's option, in subsequent periodic Software updates, without restriction or obligation, and any implementation thereof shall become Hart's property. Hart is under no obligation to change, alter, or otherwise revise the Software according to Client's proposals, suggestions, or recommendations. 2.2 Software Support Services Contact Information Support contact information is set forth in Schedule A, Support Contact Information. 3. SOFTWARE LICENSES AND SUBLICENSES 3.1 Licenses and Sublicenses Subject to the terms and conditions of this Agreement and for so long as Client has a current Warranty, License and Support agreement in effect with Hart with respect Page 4 of 21 HVS License Agreement — Rev. 09 -2011