Computer System and Software Agreement - Toro NSN

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After-hours On -call Support Technician Emergency support is available after-hours and on weekends and holidays through the TORO NSN paging system by calling 1-800-275-8676 (1-800-ASK-TORO) and following the instructions. Future TORO Software During the term of this Agreement, Customer will receive TORO software service packs (Software fixes for recognized issues) at no charge should such service packs become available, Additionally. Customer will receive a preferred discount on all future TORO central control system enhancement modules (Software enhancements that deliver additional functionality or support new irrigation products) should such modules become available. Operating System Software Successive operating system and computer software releases (in development at the time of issuance of this Agreement or to be developed at a later date) by Microsoft® or other manufacturers and subscriptions for other software applications are not provided as a part of any extended warranty or agreement available through TORO NSN. TORO NSN Training TORO NSN, pursuant to this Agreement with the Customer shall provide one attendance at a TORO NSN two- day regional training class to be used during the term of this Agreement; however hotel accommodations and travel are the responsibility of the Customer. Term of Support Services Three Years, effective upon receipt of the signed Agreement and initial payment due at the TORO NSN office. In the case of customers with existing Agreements, this Agreement becomes effective upon receipt of the signed Agreement and initial payment and the expiration or cancellation of your existing Agreement, V. FINANCIAL TERMS AND CONDITIONS Insurance The Customer, pursuant to this Agreement with TORO NSN, will insure the Hardware and Software against all hazards. Customer remains obligated to the financial terms of this Agreement regardless of damage or loss. Maintenance The Customer will keep the Hardware and Software in good condition and free from liens and other security interests, will pay promptly all taxes and assessments upon them or with respect to their use, will not use the goods illegally or dispose or encumber them, will not remove them from the premises to which they are delivered, without the written prior consent of TORO NSN and will not permit them to be fixtures, or become accessions to other goods. Financial Terms The Customer, pursuant to this Agreement with TORO NSN agrees to the Financial Terms and Payment Schedule. If mandated by taxing authorities, TORO NSN must collect sales tax on the full amount of the Hardware and Software provided by this Agreement upon the effective date. The Support Service portion of this Agreement will be taxed on the monthly basis if state -mandated. Import/duty fees or currency conversions are the Customer's responsibility; all amounts quoted and payable in U.S. dollars. Total Amount Payable to TORO NSN $9,104.00 Hardware/Software $3,024.00 Support Services $6,680.00 Initial Payment $ 450.00 (covers freight fees for component shipment, costs for assembly, pre -configuration and testing of components, order processing and file maintenance expenses) Sales Tax $ 0.00 Initial Amount Payable to TORO NSN $ 450.00 Page 3 of 5