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Home My WebLink About5.500 Original Contract t 4:~i3:1i4 ; 9:31AM ........... ........... 888 279 3853;# 2 .-.-. . . -. .-. .. .--.-. ...-. ------ ...----... .- ......----- h'J Il~,~ .~~. ~.~-~--~.~. ~~ ~-~:~---~~~~----J S: 5CD- 5 I SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT i ! 1) Terms of Agreement I This agreement will be for a term of one (1) year beginning on the date of acceptance by US Netcom Corporation. This Agreement will autom tically be renewed upon expiration. I I 2) Rates : A) The mamtenance charge is oulflned On the face of thiS Agreement. US Netcom Corporation reserves the right to make changes to the mamtenance charge on surly (60) days' notice to the customer. r B} US Netcom Corporation waives Its nghls to increase charges durIng the torm of the Agreement. I 3) Service Charge ! A) The maintenance charge entitles the customer to the following services relating to the software Itemized below: I 1) Replacement a adjustment of faulty or malfunctioning software I 2) Service wlll be available during normal WOrking hours (8:00 AM to 5:00 PM CST, Monday through Friday exclusive of holidays) B) The maintenance charge does not include, and the customer will be billed for, service calls arising from' 1) Abuse or mishandling of the software i 2) Damage of malfunction caused by forces external to the software, includIng, but not limited to; fire, flood, or acts of God, t environmental condlUons such as temperature, humidity, power fluctuations or failure. and static electriCity. or any cSl.I8e other than ordInary use , C) The customer agrees to allow any US Netcom CorporatAon service representallve access to the software at any reasonable time, anU to cOmply with any reasonable suggestions made by the reprasentabve with regard 10 the operation of the software, and to cooperate ~IIy WIth US Netcom Corporabon In the provtslon of s8IVlce under the terms of this Agreement. i I 4) Payment I All additional charges not covered by the maintenance charges out hned In thIs Agreement will be InvoiCed upon complebon, and will be due aryd payable upon receipt of the InVOice. If payment Is not made wIthin thirty (30) days of receipt of the InVOice. this Agreement wfll be termmated. : 5) Default : ~Ither party may, on thirty (30) days' written notice, terminate this Agreement If the other party fails to comply wlthlhe terms of this Agreement,land such termination shall be the sOle remedy of either party In the event d default. : 6) MISC$llaneous Terms I A) The customer warrants that they are the owner of the software to be oovered by the Agreement. or that they are the licensee of the ! software covered by this Agreement, Or that they are an authorized representalfve of such owner and licensee, and that they have th~ authority to enter Into this Agreement. , B) Duplicate software prOVided under thIs Agreement will be d equal function and quality to the origInal. ~ C) The customer agrees that the software covered under this Agreement may not be moved to another address without the prior wr1tteo I COnsent of US Netcom Corporation. I I 7) Telephone Support ; US Netcom Corporation shall furnish to the customer telephone support and all revisions of the software released by US Nelcom Corporation fct a period of One (1) year begInning on the date of acceptance by US Netcom Corporation. : 8) Maintenance and Software Support Maintenance and Software Support shall consist of: A) Software enhancemenls and program updates as available. B) Use of US Netcom Corporation's TOLL FREE hot-line for problem correclfon. : C) Support facilities will be available to customers on a first come first seiVed basis and will be available dUring normal business hours wf,ich are 6.00 AM to 6:00 PM CST. Monday tI'lrough Friday, exclusive of holidays. ! Phone: 360-417....617 Agreement/Registration Number: PW11002 For 1 Line Phonemaater for Windows (1 Un Effective: 12/27/2003 Through: 12/2812004 C mer Approval a~Ptance by: ~... ~ -- Customer thorlzed Signature ~_~~~~o~. Title Price: Total: $278.00 $219.00 Jim Harper City Of Port Angele8 321 E. 5th Street Port Angleles, WA 98382 US Netcom Corporation 710 SOuth Malden Lane - Joplin, MO 64801 PO Box 1926 - Joplin, MO 64802 800-695-7788 FAX: 417-781-1176 (v>"' 5. 5DO 710 S. Malden Lane, Joplin, MO 64801 PO Box 1926, Joplin, MO 64802 800-695-7788' 417-781-1185' Fax 417-781-1176 'www usnetcomcorp com ;.. '\ .-,...etcom~ CorporarJon INVOICE Invoice # C-110023 November 3, 2003 Jim Harper City Of Port Angeles 321 E. 5th Street Port Angleles WA 98362 ITEM VBS1L QTY DESCRIPTION 1 Software Maintenance and Support Agreement (1 yr) re: Phonemaster for Windows (1 Line) Effective: 12/27/2003 Through: 12/26/2004 UNIT PRICE $279.00 Software maintenance & support includes: 1) Toll-Free Technical Support 2) Updates, Enhancements, & Replacement Diskettes (no charge) te ~c.... ~ ~ ij '.t4~J. . / J"l ~lV '-~t EXTENDED PRICE $279.00 I (!t . ~ ?\l ~0\' <) (&~ Ute 1. I ~i)' /1 '-,., ~.... r~ ~~r ',)j::, t ., J..- 1__ll Account Representative: Aftermarket Sales Extension: 1103 Terms: Net 30 Contract # PW 11002 TOTAL BALANCE DUE:' -' I $279.00 @~D@D~&[1 Please Return Original With Payment " -,. ~ ------" ,. ---US.Netcom™ CorporatIOn 710 South Malden Lane. Joplm, MIssouri 6480 PO Box 1926. Joplin, MIssouri 6480 800-695-7788.417-781-1185. Fax 417-781-1176. www.usnetcomcorp.cOl MEMO TO: Jim Harper City Of Port Angeles FROM: Jeanne Hartje US Netcom Corporation SUBJECT: Software Maintenance and Support Agreement Renewal DATE: October 3, 2003 Another year has passed and it's almost time to renew your Software Maintenance and Support Agreement on your Phonemaster for Windows. It has been a pleasure serving you this past year. Enclosed you'll find a contract which has been prepared for your signature. Simply sign in the place indlcated and return wlth your check or purchase order to insure uninterrupted service coverage. Extended customer support includes toll-free access to our technical experts, along with any revised, customized, replacement software and any wallet guides, manuals or literature at NO additional charge to you! AN INVOICE IN THE AMOUNT OF $249.00 WILL BE ISSUED TEN (10) DAYS PRIOR TO THE DATE OF EXPIRATION. Again, it has been a pleasure serving you this past year, and we look forward to doing so for many years to come. Thank you. Jeanne Hartje 5.:SCO -1- .' 'us Netcom™ 710 South Malden Lane. Joplin, MIssouri 64801 PO Box 1926 . Joplin, MIssouri 64802 800-695-7788.417-781-1185. Fax 417-781-1176 . www usnetcomcorp com Corporatton TO Ms. Yvonne Ziomkowski City of Port Angeles FROM' Calista Firor US Netcom Corp SUBJECT' DATE: Countersigned Agreement 27 March, 2003 Enclosed, please find the original agreement(s) which has been countersigned by a representative of our company. Please retain the original in your files for future reference. Thank you, we appreciate your business. Should you have any questions, please do not hesitate to contact me. Thanks! Calista EXTENDED HARDWARE WARRANTY SPECIFICA TIONS We reserve the nght to substitute or change materials, product specIficatIOns, and functIOnal attnbutes WIthout notIce, at any tlme All hardware Items dehvered are eIther newly manufactured or refurbIshed, are fully tested before shIpment, and carry the followmg lurnted warranty LIMITED WARRANTY US Netcom Corporation warrants Its hardware product descnbed as a voice circuit card and/or voice brick appliance, agamst defects m matenals and workmanshIp to the onglnal purchaser Warranty servIce (SerVIce must be authonzed by US Netcom CorporatIOn certIfied techmclan ) whether It be repaIr, adJusttnent or replacement (at our optIOn) may be obtamed by dellvenng the product marked WIth a return materIal authonzatlon number to the address stated below Hardware WIll be warranted for the remamder of the warranty perIOd stated below or thIrty (30) days whIchever IS longer Attn RMA # US Netcom Corporation 710 South Malden Lane Joplin, MO 64801 Phone 417-781-1185 RETURN MATERIAL AUTHORIZATION Contact us Netcom Corporation Customer Service 1-800-799-8572 to obtam a return authorization number (RMA) pnor to returnmg products Purchaser shall prepay shlppmg charges for products returned US Netcom Corporation and shall msure and accept all liabIlity for loss of, or damage to the product US Netcom Corporatlon WIll pay for the return of the product to the purchaser EXTENSION This extended warranty replaces and supersedes the standard US Netcom CorporatIOn 90-day Hardware Warranty ThIS extended warranty shall automatically renew upon expIratIon unless declined by the Purchaser 10 wntmg EXCLUSIONS ThIs warranty applies If the covered hardware falls to functlon properly for any other reason other than damages resultmg from aCCIdents, alteratIOns, or abuse Warranty may be VOId 10 regards to unauthonzed tampenng or defacement of the outsIde shell or lOner workmg components housed Wlthm THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED IF THIS PRODUCT DOES NOT PERFORM AS WARRANTED HEREIN, PURCHASER'S SOLE REMEDY SHALL BE REPLACEMENT, AT US NETCOM CORPORATION'S AUTHORIZATION OF DEFECTIVE PRODUCT IN NO EVENT WILL US NETCOM CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE, OR INABILITY TO USE THE PRODUCT, EVEN IF US NETCOM CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES Price: $250.00 For: PhoneMaster (1 Line) (3 yrs) Effective: 4/16/2003 Through: 4/15/2006 Warranty Contract #: Phone Number: W55161 360.417.4601 Customer Approval and Acceptance by: ti..-l/t.) (p~e 13i '7 b~ '7 1 stomer AuthOrized Signature Title Ms. Yvonne Ziomkowski City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 US Netcom Corporation 710 South Malden Lane - Joplin, MO 64801 PO Box 1926 - Joplin, MO 64802 800-695-7788 FAX. 417-781-1176 . SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT 1) Terms of Agreement This agreement Will be for a term of one (1) year beginning on the date of acceptance by US Netcom Corporation. This Agreement will automalically be renewed upon expiration. 2) Rates A) The maintenance charge IS outlined on the face of this Agreement US Netcom Corporallon reserves the right to make changes to the maintenance charge on SIXty (60) days' notice to the customer. B) US Netcom Corporallon waives its rights to Increase charges dUring the term of the Agreement. 3) Service Charge A) The maintenance charge entities the customer to the following servIces relating to the software Itemized below: 1) Replacement or adjustment of faulty or malfunctJonlng software 2) Service will be available dunng normal working hours (8.00 AM to 5.00 PM CST, Monday through Friday exclusive of holidays). B) The maintenance charge does not Include, and the customer will be billed for, service calls anslng from: 1) Abuse or mishandling of the software 2) Damage of malfuncllon caused by forces external to the software, Including, but not limited to: fire, flood, or acts of God, enVIronmental conditions such as temperature, humidity, power fluctuatJons or failure, and static electricity, or any cause other than ordinary use. C) The customer agrees to allow any US Netcom CorporatJon service representative access to the software at any reasonable time, and to comply with any reasonable suggesllons made by the representative With regard to the operation of the software, and to cooperate fully with US Netcom Corporation in the proVISion of service under the terms of this Agreement. 4) Payment All additJonal charges not covered by the maintenance charges out lined in this Agreement Will be Invoiced upon completion, and will be due and payable upon receipt of the InVOice. If payment is not made within thirty (30) days of receipt of the InVOice, this Agreement will be terminated. 5) Default Either party may, on thirty (30) days' wntten notice, terminate thiS Agreement If the other party fails to comply With the terms of this Agreement, and such termlnatJon shall be the sole remedy of either party In the event of default. 6) Miscellaneous Terms A) The customer warrants that they are the owner of the software to be covered by the Agreement, or that they are the licensee of the software covered by this Agreement, or that they are an authonzed representative of such owner and licensee, and that they have the authonty to enter Into this Agreement. B) Duplicate software provided under this Agreement Will be of equal function and quality to the onginal. C) The customer agrees that the software covered under this Agreement may not be moved to another address without the pnor written consent of US Netcom Corporation. 7) Telephone Support US Netcom Corporation shall furnish to the customer telephone support and all reVISions of the software released by US Netcom Corporation for a penod of one (1) year beginning on the date of acceptance by US Netcom Corporation. 8) Maintenance and Software Support Maintenance and Software Support shall consist of: A) Software enhancements and program updates as available. B) Use of US Netcom Corporation's TOLL FREE hot-line for problem correction. C) Support faCIlities Will be available to customers on a first come first served basis rind will be available dUring norma! business ~curs which are 6:00 AM to 6'00 PM CST, Monday through Friday, exclUSive of holidays. Phone: 360.417.4601 Agreement/Registration Number: SP55161 For PhoneMaster (1 Line) Effective: 4/16/2003 Through: 4/15/2004 Customer Approval and Acceptance by: '1-!k (11 <:{f 1- q 77 Custom r Authorized Signature Price: Total: $235.00 $235.00 Title Ms. Yvonne Ziomkowski City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 US. Netcom Corporation 710 50uth Malden Lane - Joplin, MO 64801 PO Box 1926 - Joplin, MO 64802 800-695-7788 FAX: 417-781-1176 5.500- -..J " SOFTW ARE MAINTENANCE AND SUPPORT AGREEMENT I) Terms of Agreement This agreement wII I be for a term of one (I) year beginning on the date of acceptance by US Netcom CorporatIOn This Agreement will automatIcally be renewed upon eXpiratIOn 2) Rates A) The maintenance charge IS outlined on the face oftlllS Agreement US Netcom CorporatIOn reserves the right to make changes to the maintenance charge on sixty (60) days' notIce to the customer B) US Netcom CorporatIOn waives ItS rights to Increase charges dunng the term of the Agreement 3) Service Charge A) The maintenance charge entities the customer to the followll1g servIces relatIng to the software Itemized below I) Replacement or adjustment of faulty or malfunctlOnll1g software 2) Service wIll be avaIlable dunng normal workIng hours (800 AM to 5 00 PM CST, Monday through Fnday exclUSIVe of holIdays) B) The maIntenance charge does not Include, and the customer will be billed for, service calls ariSIng from I) Abuse or mIshandlIng of the software 2) Damage of malfunctIOn caused by forces external to the software, Includmg, but not lImited to' fire, flood, or acts of God, environmental conditions such as temperature, humIdity, power fluctuatIOns or failure, and static electnclty, or any cause other than ordInary use C) The customer agrees to allow any US Netcom CorporatIOn servIce representative access to the software at any reasonable time, and to comply WIth any reasonable suggestIOns made by the representatIve With regard to the operatIOn ofthe software, and to cooperate fully With US Netcom CorporatIOn In the prOVISIOn of service under the term,; of thl'; A..greeJ1'er.t 4) Payment All addItIOnal charges not covered by the maIntenance charges out lined In thIs Agreement will be InVOiced upon completion, and will be due and payable upon receipt of the mVOIce Ifpayment IS not made wlthm thirty (30) days of receipt of the InVOICe, this Agreement WIll be termInated 5) Default Either party may, on thirty (30) days' wntten notIce, termInate this Agreement If the other party faIls to comply With the terms ofthls Agreement, and such termInatIOn shall be the sole remedy of either party m the event of default 6) MiscelIaneous Terms A) The customer warranty that he IS the owner of the software to be covered by the Agreement, or that he IS the lIcensee of the software covered by this Agreement, or that he IS an authonzed representative of such owner and license, and that he has the authonty to entel Into this Agreement 8) DuplIcate software prOVIded under thIS Agreement will be of equal functIOn and quality to the ongmal C) The customer agrees that the software covered under this Agreement may not be moved to another address WIthout the prior written consent of US Netcom CorporatIOn 7) Telephone Support US Netcom CorporatIOn shall furmsh to the customer telephone support and all reVISIOns of the software released by US Netcom CorporatIOn for a penod of one (1) year begmnmg on the date of acceptance by US Netcom Corporation. BUDG? CC:->"O' avmlilble dllnn 8) Maintenance and Software Support Maintenance and Software Support shall consIst of ,A) Soft\v~re enhancements und program updates U~ av::u!ab!c 8) Use of US Netcom CorporatIOn's TOLL FREE hot-hne for problem correctIOn C) Support facIlitIes WIll be available to customers on a first come first served baSIS and will which are 8 00 AM to 5 00 PM CST, Monday through Fnday, exclUSIve of holidays Phone: 360.417.4601 Price: $235.00 Agreement/Registration Number: 555161 Total: $235.00 For PhoneMaster (1 Line) Effective: 4/16/2002 Through' 4/15/2003 Customer Approval and Acceptance by: flraffitd ehQ.cL -4 ~g~~--- ------ - - C~~m--rr- A~thorized Slgnat~ r T;lltro~ .~e:z~n .. Cor oration Acc~tance by : __ __ _ __ ___~__ _C-______':___ US Netcom C oration Aftermarket Sales Group Manager Ms. Yvonne Ziomkowski City of Port Angeles 321 E. 5th Street Port Angeles, WA 98362 US Netcom Corporation ~ 710 South Malden Lane - Joplin, MO 64801 PO Box 1926 - Joplin, MO 64802 800-695-7788 FAX: 417-781-1176 A. " US Netcom™ 710 South Malden Lane' Joplin, MIssouri 64801 PO Box 1926 . Joplin, MIssouri 64802 800-695-7788' 417-781-1185 . Fax 417-781-1176 . www usnetcomcorp com Corporation TO Ms. Yvonne Ziomkowski City of Port Angeles FROM Cathy Steele US Netcom Corp SUBJECT DATE Countersigned Agreement 12 Febru8ry. 2002 Enclosed, please find the original agreement(s) which has been countersigned by a representative of our company. Please retain the original in your files for future reference. Thank you, we appreciate your business. Should you have any questions, please do not hesitate to contact me. Thanks! Cathy " ,~. ..- ... . ~, 'i;... -- - , ~.;; .- , .,~ ') >, \.- ~ ~I ,~ IrJ. ~PbDn'e'MlSterl A DIVISIon of US Telecom I I \ TM 5. S()Q-:A 211 Main Street · SUite 401 Joplin, MO 64801 417 -781-7000 · 800-835-7788 FAX: 417-623-2963 WWW.ustl.com ..00Glo....ooe........oo...............o........................0..................00..0000 TO: Ms. Yvonne Ziomkowski Ci ty of Port Angel es FROM: Cathy Steele u.S. Telecom SUBJECT: Countersigned Agreement DATE: April 11r 2000 Enclosed please find the original agreement (s) which has been countersigned by a representative of our company. Please retain the original in your files for future reference. Thank your we appreciate your business. Should you have any questionsr please do not hesitate to contact me. Thanks! Cathy .' EXTENDED HARDWARE WARRANTY SPECIFICATIONS We reserve the right to substitute or change materials, product specifications, and functional attributes without notice, at any time. All hardware items delivered are either newly manufactured or refurbished, are fully tested before shipment, and carry the following limited warranty. LIMITED WARRANTY ( u.s. Telecom International4lnc. warr~~ i& Bardware product described ~ ~ circ~t c~~ ~nst defects in materials and workmanship to the original purchaser for a period beginning on 0 - 16 - and terminating on - 1 - U ..:warranty service, whether n be repair, adjustment, or replacement (at our option) may be obtained by delivering the product marked with a return material authorization number to the address stated below. Any replacement hardware will be warranted for the remainder of the warranty period stated above or thirty (30) days, whichever is longer. u.s. Telecom Customer Service 211 Main, Suite 401 Joplin, MO 64801 Phone: (417)781-7000 RETURN MATERIAL AUTHORIZATION Contact u.s. Telecom Customer Service at 1-417.781.7000 to obtain a return authorization number (RMA) prior to returning products. Purchaser shall prepay shipping charges for products returned to U.S. Telecom International, Inc. and shall insure and accept all liability for loss of or damage to the product. U.S. Telecom International, Inc. will pay for the return of the product to the purchaser EXTENSION This extended warranty replaces and supersedes the standard U.S. Telecom International go-day Hardware Warranty. The fee for this extended warranty is 2 5 0 . 0 0 dollars per L (1 or 3) year period. This extended warranty shall automatically renew on expiration unless declined by the Purchaser in writing. EXCLUSIONS This warranty applies if the covered hardware falls to function properly for any reason other than damages resulting from accidents, alterations, or abuse. THE ABOVE ARE THE ONLY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLlED.IFTHIS PRODUCT DOES NOT PERFORM AS WARRANTED HEREIN, PURCHASER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT, AT U.S TELECOM INTERNATIONAL INC.'S OPTION, AS FURTHER PROVIDED ABOVE. IN NO EVENT WILL U.S. TELECOM INTERNATIONAL, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE PURCHASE, USE, OR INABILITY TO USE THIS PRODUCT, EVEN IF U.S. TELECOM INTERNATIONAL, INC. HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. ~OVed and Accepted by: 2u.p:I Ctlf 57/2S- Customer Authorized Signature A Title Phone: 360.417.4601 Contact: Customer: Address: Cty/St/Zip: Ms. Yvonne Ziomkowski City of Port Angeles 321 E. 5th Street Port Angeles, WA 98362 lJ.5.1i!/ecom I INTERNATIONAL INCORPORATED 211 MAIN ST., SUITE 401 . JOPLIN, MO 84801 P.O. BOX 11105 . JOPLIN, MO 84802 1-80Q.835-7788 FAX_ 417-823-21183 WYCCV-1Yf'NYCCV-3Y 920601 P.-h'~D-n-e-MI-lle-r}' ~ .... '."'~'us~1 I \ 5.5DO-1 211 Main Street · SUite 401 Joplin, MO 64801 417 -781-7000 · 800-835-7788 FAX: 417-623-2963 www.ustl.com 000...00......000...000...............................................................00.. TO: Ms. Yvonne Ziomkowski Ci ty of Port Angel es FROM: Cathy Steele U.S. Telecom SUBJECT: Countersigned Agreement DATE: March 31, 2000 Enclosed please find the original agreement (s) which has been countersigned by a representative of our company. Please retain the original in your files for future reference. Thank you, we appreciate your business. Should you have any questions, please do not hesitate to contact me. Thanks! Cathy -.. SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT ~ . 1) Terms of Agreement This agreement will be for a term of one (1) year beginning on the date of acceptance by U.S. Telecom International, Inc (hereinafter referred to as UST) of the agreement This Agreement will automatically be renewed upon expiration. 2) Rates A) The maintenance charge is outlined on the face of this Agreement. UST reserves the right to make changes to the maintenance charge on sixty days' notice to the customer. B) UST waives its rights to increase charges during the term of the Agreement 3) Service Charge: A) The maintenance charge entities the customer to the following services relating to the software itemized below: 1) Repair, replacement, or adjustment of faulty or malfunctioning software, and 2) Service will be available during normal working hours (8:00 am to 5:00 pm Central Standard Time, Monday through Friday exclusive of holidays). B) The maintenance charge does not include, and the customer will be billed for, service calls anslng from: 1) Abuse or mishandling of the software. 2) Damage or malfunction caused by forces external to the software, Including, but not limited to: fire, flood, or acts of God, environmental conditions such as temperature, humidity, power fluctuations or failure, and static electricity, or any cause other than ordinary use. q The customer agrees to allow any UST service representatives access to the software at any reasonable time, and to comply with any reasonable suggestions made by the representabve with regard to the operation of the software, and to cooperate fully with UST in the provision of service under the terms of this Agreement 4) Payment: All additional charges not covered by the maintenance charges outlined in this Agreement will be invoIced upon complebon, and Will be due and payable upon receipt of the invoice. If payment is not made Within thirty (30) days of receipt of the invoice, this Agreement Will be terminated. S) Default: , Either party may, on thirty (30) days' written notice, terminate this Agreement if the other party fails to comply With the terms of this Agreement, and such termination shall be the sole remedy of either party In the event of default. 6) Miscellaneous Terms: A) The customer warrants that he IS the owner of the software to be covered by the Agreement, or that he is the licensee of the software covered by this Agreement, or that he is an authonzed representative of such owner and license, and that he has the authority to enter into thiS Agreement. B) Duplicate software provided under this Agreement Will be of equal funcbon and quality to the original. Returned software become the property of UST. C) The customer agrees that the software covered und_er this Agreement may not be moved to another address Without the prior written consent of UST. 7) Telephone Support: UST shall furnish to the customer telephone support and all revIsions of the software released by UST for a period of one (1) year beginning on the date of acceptance by UST Total $235.00 $235.00 8) Maintenance and Software Support: Maintenance and Software Support shall consISt of : 1) Software enhancements and program updates as available 2) Use of UST's TOll FREE hot-ltne for problem correcbon Support facilities Will be available to customers on a first come first served baSIS and Will be available during normal business hours which are 8.00 am to 5:00 pm Central Standard Time Monday throu9I) F'rjQay, eJ(cluslvl1 of holidays WA _ 309 7 Ph N b :; G d . 4- 'I 7 . U 4- 1 1 An - be one um er: '"'o:lreement Num r: Pnce Effective: 04-16-00 through 04-15-01 Approved and Accepted by: % Custoe~~e ~ FINANCE DIRECTOR Title Title I Contact: Customer: Address: Cty/St/ZIP: YVONNE ZIOMKOWSKI ~XXlOOOO:~:t~X~~(}!~ -~ty of Port Angeles 321 E. 5th street ~Jrt Angeles, WA 98362 ll.5. INTERNATIONAL INCORPORATED 211 MAIN ST, SUITE 401 . JOPLIN, MO 64801 POBOX 1905 . JOPLIN, MO 64802 1-a~35-7788 FAX , 41 7-623-2963 CSPNS1Y 891013 TM 5. 5lJO ~Phtlle'M'aslep 11' A DIVISIon o! US./ecom I I \ 211 Main Street · SUite 401 Joplin, MO 64801 417 -781-7000 · 800-835-7788 FAX 417-623-2963 WWW.ustl.com .......................................................................................... TO: Ms. Ka ther ine Godbey Ci ty of Port Angel es FROM: Cathy Steele U.S. Telecom SUBJECT: Countersigned Agreement DATE: May 6, 1999 Enclosed please find the original agreement(s) which has been countersigned by a representative of our company. Please retain the original in your files for future reference. Thank you, we appreciate your business. Should you have any questions, please do not hesitate to contact me. Thanks! Cathy , \' . . SOFTWARE MAINTENANCE AND SUPPORT AGREEMENT 1) Terms of Agreement This agreement will be for a term of one (1) year beginning on the date of acceptance by U S. Telecom International, Inc (hereinafter referred to as UST) of the agreement This Agreement will automabcally be renewed upon expiration. 2) Rates A) The maintenance charge is outlined on the face of thIS Agreement. UST reserves the right to make changes to the maintenance charge on sixty days' notice to the customer. B) UST waives its rights to increase charges during the term of the Agreement 3) Service Charge: A) The maintenance charge entities the customer to the following services relating to the software itemized below: 1) Repair, replacement, or adjustment of faulty or malfunctioning software, and 2) Service Will be available during normal working hours (8:00 am to 5'00 pm Central Standard Time, Monday through Friday exclusive of holidays). B) The maintenance charge does not include, and the customer will be billed for, service calls ansing from: 1) Abuse or mishandlmg of the software 2) Damage or malfunction caused by forces external to the software, including, but not limited to: fire, flood, or acts of God, environmental conditions such as temperature, humidity, power fluctuations or failure, and statiC electricity, or any cause other than ordinary use q The customer agrees to allow any UST servICe representatives access to the software at any reasonable time, and to comply with any reasonable suggestions made by the representative with regard to the operation of the software, and to cooperate fully with UST in the prOVision of service under the terms of this Agreement. 4) Payment: All additional charges not covered by the maintenance charges outlmed in thiS Agreement Will be invoiced upon completion, and Will be due and payable upon receipt of the invoice. If payment IS not made within thirty (30) days of receipt of the invoice, this Agreement will be terminated. S) Default: Either party may, on thirty (30) days' written notice, terminate thiS Agreement If the other party falls to comply with the terms of this Agreement, and such termination shall be the sole remedy of either party in the event of default 6) Miscellaneous Terms: A) The customer warrants that he IS the owner of the software to be covered by the Agreement, or that he is the licensee of the software covered by this Agreement, or that he is an authorized representative of such owner and license, and that he has the authonty to enter into this Agreement. B) Duplicate software provided under this Agreement will be of equal funcbon and quality to the original. Returned software become the property of UST. C) The customer agrees that the software covered unde! thiS Agreement may not be moved to another address Without the prior wntten consent of UST. 7) Telephone Support: UST shall furnish to the customer telephone support and all reviSions of the software released by UST for a period of one (1) year beginning on the date of acceptance by US~ 8) Maintenance and Software Support: Mamtenance and Software Support shall consist of : 1) Software enhancements and program updates as available. 2) Use of UST's TOLL FREE hot-line for problem correction Support faCilities will be available to customers on a first come first served basis and Will be available during normal business hours which are 8:00 am to 5:00 pm Central Standard Time Monday through Friday, exclusive of holidays. Phone Number: 360.417.0411 WA-3097 PrICe Tolal $235.00 $235.00 Effective: 04/16/99 through 04/ 1 5 / 00 U CSPNS1Y 891013 J7A1I+NCE DlflE~nA- Trtie Contact: Customer: Address: Cty/St/ZIP: Ms. Katherine Godbey City of Port Angeles 371 E. 5th street Port Angeles, WA 98362 ll.S. ~~ INTERNATIONAL INCORPORATED 211 MAIN ST, SUITE 401 . JOPUN, MO 64801 P.O BOX 1905. JOPLIN, MO 64802 10800-835-7788 FAX. 417-623-2963