Unimark EC3000 Series Spezifikationen PDF herunterladen (Seite 56)

AIMS System and Services Agreement Page 56 of 60

supplement, modification or amendment to this Agreement or because of any

breach thereof, or because of its or their execution or attempted execution.

ARTICLE 21

WARRANTY REGARDING VIRUSES

The term "Virus" means any computer code that could (a) disrupt, disable, harm, or

otherwise impede in any manner the proper operation of a computer program or

computer system, or (b) damage or destroy any data or files residing on a computer

system without the user's consent, including (without limitation) any "back door," "time

bomb ... .. Trojan Horse," "worm," "drop dead device", spyware, and "virus" (as these

terms are commonly used in the computer Software field). Contractor warrants that the

Licensed Software does not and will not contain any Virus. Contractor warrants that it

will use state-of-the-art anti-virus screening Software to screen the media containing the

Licensed Software for Viruses before delivery of such media to County. Contractor will

indemnify County for any and all losses, damages, liabilities, costs, and expenses

caused by any such Virus; provided that such Virus was not the result of the intentional

or malicious actions of County or any County employees. Contractor further warrants

that it will not perform any action that will hinder County's freedom to use or physically

and electronically transport the Licensed Software within County's facilities, and that it

has not included in the Licensed Software any Software, Hardware, electronic, or other

security mechanism (including password, CPU serial number validation or dependency,

electronic initialization protection, and time dependent execution) or any other

disablement, de-installation, deactivation, or deletion mechanism.

ARTICLE 22

GOODS TO BE SUPPLIED BY CONTRACTOR

22.1 Contractor will sell and County will purchase from Contractor the following Goods

described in Exhibit A, Exhibit B, and Exhibit C as to be delivered to County by

Contractor. Prior to Final Acceptance of the System the Contractor shall submit

the following revised and updated exhibits: Exhibit B "Goods and Systems

Hardware," Exhibit B-1, "Existing EVIDS Devices," Exhibit C "Licensed

Software and Third Party Software," and Exhibit E "Master Price List." The

updated exhibits shall be reviewed and approved by the Contract Administrator,

and once approved, they shall be initialed by the Contract Administrator and the

Contractor's Project Manager and attached to this System Agreement and to the

License Agreement as replacement and final exhibits for the License Agreement

and this System Agreement. The revised Exhibits B, B-1, C, and E submitted by

the Contractor shall be based on actual installed components and quantities.

22.2 For purposes of the System Agreement, and unless otherwise stated, the term

"Goods" includes any associated firmware and operating Software licensed as an

integral part of the Goods. Contractor (or the applicable third party owner, as the

case may be) retains all right, title and interest in all firmware and associated

Software, whether operating or application Software, delivered under the System

Agreement subject only to the following license rights. Any firmware delivered as

Exhibit 3

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Unimark EC3000 Series Spezifikationen Seite 56