TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM
NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33)
AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 132-34) OF GENERAL
PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE
1. INSPECTION/ACCEPTANCE
The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering
activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require
repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its
postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before
any substantial change occurs in the condition of the software, unless the change is due to the defect in the software.
2. GUARANTEE/WARRANTY
a. Unless specified otherwise in this contract, the Contractor’s standard commercial guarantee/warranty as stated in the
contract’s commercial pricelist will apply to this contract.
Emergency Communications Network, LLC, warrants and implies that the services provided hereunder are merchantable and fit
for use for the particular purpose described in this contract. (note: as a web based solution 7X24X365 service and support is
included in the license pricing}
b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular
purpose described in this contract.
C. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable
to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.
3. TECHNICAL SERVICES
The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number (866) 939-
0911 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support
number is available from 9 AM to 6PM M-F Eastern Time, excluding holidays.
‘The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number (800) 336-
3410 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support
number is available hours other than 9 AM to 6PM, M-F Eastern Time excluding holidays
4, SOFTWARE MAINTENANCE
a. Software maintenance as it is defined: (select software maintenance type) :
x 1. Software Maintenance as a Product (SIN 132-32 or SIN 132-33)
Software maintenance as a product includes the publishing of bug/defect fixes via patches and
updates/upgrades in function and technology to maintain the operability and usability of the software
product. It may also include other no charge support that are included in the purchase price of the
product in the commercial marketplace. No charge support includes items such as user blogs, discussion
forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited
telephone, email and/or web-based general technical support for user’s self diagnostics.
Emergency Communications Network, LLC includes software maintenance with license.
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