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5.4. ERMUSR 11-15-2016 (2)
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5.4. ERMUSR 11-15-2016 (2)
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11/10/2016 4:25:01 PM
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City Government
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ERMUSR
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11/15/2016
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5.4.4 Installation Services for Software Releases. This Section 5.4.4 applies to all Covered <br /> Software. Installation services under this Addendum will include limited,remote phone support, for all <br /> Covered Software,on Itron certified server configurations, are applicable for one production server and <br /> one non-production server owned (test,training, or back-up—for example)/operated by the Customer. <br /> At Customer's request,Itron may provide Software Release installation services for install of System <br /> Releases or Service Packs on additional production or non-production servers at Itron's then-current <br /> hourly rates. <br /> 5.4.4.1 Itron may elect to provide Services under this Addendum for installation of System Release <br /> of Covered Software on uncertified server configurations at its then-current rates for customer <br /> support. <br /> 5.5. Mandatory Revision. In the event that Itron, in its sole reasonable discretion, determines that any <br /> Covered Software is, or may(as applicable)be: (i) subject to a material Error; (ii)the subject of a material <br /> security breach; or, (iii)be subject to a third party infringement claim or suit of any kind, Itron may issue <br /> a Mandatory Revision. <br /> 5.6. DISCLAIMER OF LIABILITY. ITRON DISCLAIMS ALL LIABILITY AND OBLIGATIONS <br /> THAT ARISE DUE TO, OR ARE RESULT OF, CUSTOMER'S FAILURE TO TEST AND INSTALL <br /> A MANDATORY REVISION IN A TIMELY FASHION. <br /> 5.7. Interoperability. Itron makes no representation or warranty regarding the ability of the Covered <br /> Software to interoperate with third party hardware or software other than software or hardware identified <br /> as compatible with the Covered Software in Itron's Documentation for the applicable Covered Software. <br /> 5.8. Restoring Software to Maintenance Services. If Customer declines Services under this <br /> Addendum after the end of warranty or discontinues Services under this Addendum for any Covered <br /> Software,and thereafter wishes to resume such Services for the most recent Software Release of that <br /> Covered Software,Customer shall,prior to receiving Services, notify Itron in writing of its request for <br /> Services and pay Itron's then-current re-initiation fee. <br /> 5.9. Exclusions. Itron shall have no obligation to Customer for any Services under this Addendum to <br /> the extent any Covered Software is adversely affected by: (i) use of the Covered Software in combination <br /> with other software,equipment or communications networks that are not referenced in the <br /> Documentation;(ii)any modification to the software, operating environment, system installation, <br /> operating instructions, scripts, or database configuration that is made other than by Itron,; (iii)the use of a <br /> version of the Covered Software that is not supported by Itron; (iv) Customer's failure to implement a Fix <br /> provided by Itron; (v)the maintenance and/or support of the Covered Software other than by Itron; (vi) <br /> viruses introduced through no fault of Itron; (vii)use of the Covered Software other than as authorized by <br /> Itron and the applicable license, including Covered Software operated on Covered Equipment that has <br /> been serviced or repaired by a third party that is not Itron certified; or(viii) Customer's failure to perform <br /> Customer responsibilities in accordance with this Addendum. <br /> 5.10. Customer Software Responsibilities. <br /> 5.10.1 Support Tools. Customer will support remote access to the Covered Software by Itron <br /> Personnel assigned to provide Services under this Addendum for purposes of remote diagnosis and <br /> 117 <br />
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