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Home My WebLink About5.434 Original Contract 5, -</31 lJ.5.7 211 MaIn Street, SUIte 401 . Joplin, MIssouri 64801 PO Box 1905 . JoplIn, MIssouri 64802 417-781-7000. Fax 417-623-2963.800-835-7788. e mall UStl com INTERNA TIONAL, IN CORPORA TED June 30, 1997 Ms. Katherine Godbey City of Port Angeles 321 E. 5th Street Port Angeles, W A 98362 Dear Ms. Godbey: Enclosed please fmd the original agreement which has been countersigned by a representative of our company. Please retain the original in your fIles for future reference. We look forward to being of service to your fme organization. Thank you, we appreciate your business. Should you have any questions, please do not hesitate to contact me. Cathy Stee U. S. Telecom Enclosure '- _.': "-~../' .* " SOFTWARE MAINTENANCE AND SUPPORT ~ 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 US1) of the agreement This Agreement will automallcally 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 dunng normal working hours (800 am to 5'00 pm Central Standard TIme, Monday through Fnday exclusive of holidays) B) The maintenance charge does not include, and the customer will be billed for, service calls ansing from: 1) Abuse or mishandling of the software 2) Damage or malfuncllon caused by forces external to the software, mCluding, but not limited to: fire, flood, or acts of God, environmental conditions such as temperature, humidity, power fluctuallons or failure, and StatiC electricity, or any cause other than ordmary use C) The customer agrees to allow any UST servICe representatIVes access to the software at any reasonable lime, and to comply with any reasonable suggestions made by the representative with regard to the operallon 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 10 this Agreement Will be invOiced upon complellon, 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: Erther party may, on thirty (30) days' wrrtten notice, terminate thiS Agreement rf 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 mto this Agreement B) Duplicate software provided under thiS Agreement will be of equal funcllon and quality to the onginal 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 pnor 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 penod of one (1) year begmning on the date of acceptance by UST. J . PrICe $-Z-35-: e-e- No Charge 8) MamtenanceandSoftwareSupport: Total ~J-5-.(t9- Flrst Year Free 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 correcllon Support facllrties 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 ~r~?f' .eac~~ve ff ~01idfYs. W A _ 309 7 Phone Number: 04/16/97 through 04/15/98 U Customer Authonzed Signature fi t-k AN LE D / tU==-/' J7J/L. Titie Titie Contact Customer: Address: Cty/St/lip: {VIs. ~er-vi. <., b-odb~ ~r. SC9tt KQRyon City of Port Angeles 321 E. 5th street Port Angeles, WA 98362 211 MAIN ST, SUITE 401 . JOPLIN, MO 64801 P.O BOX 1905 . JOPliN, MO 64802 1-8~5-7788 FAX . 417-623-2963 ll.S.. f[f?!ibfllll1i!JJ INTERNATIONAL INCORPORATED CSPNS1Y 891013 - 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 International, Inc. warrants its hardware product described as a circui, card, against defects in materials and workmanship to the original purchaser for a period beginning on 04/16/97 and terminating on 04/15/ 00 . Warranty service, whether it 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 9Q-day Hardware Warranty. The fee for this extended warranty is $ 2 5 0 . 00 dollars per --.J. (1 or 3) year penod. This extended warranty shall automatically renew on expiration unless declined by the Purchaser in writing. " EXCLUSIONS This warranty applies if the covered hardware fails 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 IMPLIED. IF THIS PRODUCT DOES NOT PERFORM AS WARRANTED HEREIN, PURCHASER'S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT, AT U.S. TELECOM INTERNATIONAL I NC.'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 INABILlTYTO USE THIS PRODUCT, EVEN IF U.S. TELECOM INTERNATIONAL, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6iv M u;;::. P / 1LBuo(t. Trtle Phone: 3 6 0 . 4 1 7 . 0 4 1 1 Contact: Customer: Address: Cty/St/ZIP: f'rAs. ~e/,^e.. 6J~ ])(II'. aoott Kenlon City of Port Angeles 321 E. 5th street Port Angeles, WA 98362 ll.~TS INTERNATIONAL INCORPORATED 211 MAIN ST.. SUITE 401 . JOPLIN. MO 84801 PO. BOX 11105 . JOPLIN, MO 84802 1-80o-a35-7788 FAX- 417-823-2gS3 WYCCV-1Y/wyCCV-3Y 920601