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Home My WebLink AboutSoftware License Agreement - Electronic Data Collection Corporation - AIMS Parking Ticket System4" 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOI ITH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS August 13, 2019 Electronic Data Collection Corporation 105 Wyoming Street, Suite 300 Sycamore, NY 13204 RE: Software License Agreement Dear Vendor: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on August 13, 2019, approved the above referenced agreement regarding a new AIMS parking ticket system for enforcing and patrolling downtown parking spaces in the amount of $23,320, for a total of three (3) years. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, C Linda M. Martin, Clerk Enclosure ��%�%��(i (�ccf�i, ,�,iiii,,,, � ,,,✓ iii 1,�,,,,cii i ,pia,,; i�,iiaiiva ✓ iii;eirPARKING MANAGEMENTSOFTWARE AIMS SOFTWARE LICENSE AGREEMENT EDC Corporation, hereafter referred to as "Licensor", grants a license to use the following software application: Product: AIMS Parkin Mana ement Software User Type: Serial Number: This Licensing Agreement is subject to the conditions contained within this agreement. The acceptance by the customer listed below, hereafter referred to as "Licensee"' is a legal agreement that the licensee agrees to be bound by the licensing conditions contained within this agreement. Licensee Address Grant of License. Use. EDC Corporation grants the licensee a non-exclusive license to use one copy of the aforementioned software program in accordance with the user license listed within this agreement. For purposes of this section, "use" means accessing the aforementioned Software from the supplied EDC Hosted Servers for use by client supplied devices. Access is provided via your network, so long as you otherwise comply with this License Agreement at the times during use of the Software. 2. Copyright. The Software is owned by EDC Corporation and is protected by United States Copyright laws and international treaty provisions. This Software may not be copied for distribution or redistributed under any circumstances without written permission from an officer of EDC Corporation. You may not copy the written materials accompanying the Software. Other Restrictions. This EDC Corporation License Agreement is your proof of license for use of the Software and must be retained by you. This License Agreement must be accepted by signature of an authorized agent of the licensee and an officer of EDC Corporation in order to be valid. This License is non -transferable and is intended for single agency use. The Licensee is specifically prohibited from using this Software to engage in service contracts or in any other service bureau activities without written consent from licensor. The Licensee has use of the Software provided the terms and conditions of this agreement are upheld and Licensee is current in agreed upon payment schedule. You may not reverse engineer, decompile or disassemble the Software. 4. Contract Term. The Term of this contract is 3 Years from execution, with renewal options at the Licensee's discretion beginning Year 4. EDC Corporation reserves the right to increase software subscriptions by no more than 5% for subsequent renewals. EDC Corporation will provide the Licensee with written notice of any increase in renewal costs, no less than 90 days prior to the renewal period. 5. Termination Clause. This contract may be terminated at the end of the contract term should renewal not be elected by the Licensee or granted by the Licensor. EDC Corporation will return to the Licensee all data and related materials upon termination of this contract. 6. No Other Warranties. Except as expressly stated herein, the Software is provided "AS IS" without warranty of any kind. EDC Corporation disclaims all other warranties, either express or implied. The licensee bears all risk relating to the quality and performance of the Software. 7. No Liability for Consequential Damages. In no event shall EDC Corporation or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits or revenues, business interruption, loss of business information or other pecuniary loss) arising out of the licensee's use of or inability to use this EDC Corporation product, even if EDC Corporation has been advised of the possibility of such damage. U.S. Government Restricted Rights. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in Subparagraph(c)(1)(iii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or Subparagraph(c)(1) and(2) of the Commercial Computer Software - Restricted Rights clause at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is EDC Corporation, 105 Wyoming Street, Suite 300, Syracuse, New York 13204. 9. Governing Law. This Agreement is governed by the laws of the State of New York. 10. Effect of Agreement. This Agreement embodies the entire understanding of the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to the Software. APPIWIVIM BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/6/2019 Department City Name Jennifer Coffman Clerk's Office BPW Date Au ust 13 2019 Phone Extension 9267 �1�dG0.0.f�OWllnWll�.'WWWWOMVP'�',W'�dGCUekWM4WI�IMIIWIVIVWIIVJPIVIPIVIIPIIPMMMIiIrtMNMVM!A��MRNNNNI✓�V.WMVN��'.Nl. ryry:„�p:/:4iPD➢N/�kN9//p//pgyW',W,ryq�W�y,M�W',Mq�V�V�V�V�V�V�V�V�V�V�'W'W�V�V�VWN'M ��',ryMl6�W�,��WWWWI'�tAM'YARNN&Id Required Prior to Submittal to Board BPW Attorney Attorney Name _.,,,,......... _...� Dept. Attorney Attorney Name Tom Stipp .. — --- Purchasing E] Check the Aimromiate Item lit ww w° h ired ❑ Professional Services Agreement EJ Contract ❑ Open Market Contract Amendment/Addendum Bid Opening ❑ Bid Award Quote Opening F-1 Quote Award Proposal Opening F-1 C/O & PCA No. Chg. Order, No. F-1 Traffic Control Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information All Submissions ❑ Proposal ❑ Special Purchase, QPA Req. to Advertise ❑I Reject Bids/Quotes PCA Resolution nc ach Ease./E.........TO......................................�w ❑ Title Sheel Electronic Data Collection i c)rporation �� eYe .. .__._..-. s `"' I If Yes, Approved by Purchasing F] No MBE ® WBE Completed E-Verify Form Attached Nos AIMS Parkin�Ticket System 279-0672-415.36-04 -.—__--._..... 23,320.00 _ ......3...Year Parkin Ticket Software, _.......____�..�............................................................ ....... ......____.......... ................ ........,.. g New system for enforcing and patrolling downtown parking laces. - ..__... . .. For Change Orders Only Amount of El Increase $ ................��r_ — Decrease $:.. Previous Amount $ Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Combletion Date: E15 Increase % Decrease ( % Increase % .................................................. Decrease ( %