HomeMy WebLinkAboutGROUP 1 SOFTWARE - CONTRACT - CONTRACT - PERPETUAL LICENSEADDENDUM #3 TO PERPETUAL LICENSE AGREEMENT
This Addendum #3 to Perpetual License Agreement (the "Addendum") is made and entered into effective
this _ day of 2003, by and between Group 1 Software, Inc. ("Group 1"), with offices located at 4200
Parliament Place, Lanham, Maryland 20706-1844 and City of Fort Collins ("Customer"), with offices located at 256
West Mountain Avenue, Fort Collins, Colorado 80521-2711.
WHEREAS, Group 1 and Customer previously entered into that certain Perpetual License Agreement
#97-034 (the "Agreement") wherein Customer previously licensed, inter alia, one (1) copy of the CODE-1 Plus
software product (the "Licensed Product") utilizing the HPUX operating system and subject to an annual record
processing restriction of 1,000,000; and
WHEREAS, Customer desires to use and operate the Licensed Product in excess of the above volume.
NOW THEREFORE, for good and valuable consideration, the parties hereby agree to amend the
Agreement as follows:
1. Grant of License. Group 1 hereby grants Customer a non-exclusive, non -transferable license to
use and operate the Licensed Product to process up to an including an aggregate of 3,000,000 address Records for
the period commencing October 1, 2002 through and including September 31, 2003. For the purpose of this
Addendum Record shall mean, a single address record that is submitted to the Licensed Product. Thereafter,
Customer may use the Licensed Product to process up to 1,000,000 Records during each subsequent (12) month
period. Customer shall not exceed such volume restriction without Group 1's prior written consent and payment of
applicable fees. The Licensed Product may contain counters which may interrupt Customer use of the Licensed
Product if Customer exceeds the volume restrictions.
2. Maintenance. Group 1 shall provide Customer with maintenance and subscription services for the
Licensed Product for the initial term expiring September 31, 2003 and for the fees set out below. Thereafter,
Customer may elect to purchase additional maintenance and subscription services in accordance with the
Agreement. All maintenance services shall be provided in accordance with the Agreement.
3. Fees, Payment Terms.
a) In consideration of the rights granted in Section 1 and the maintenance services set forth in
Section 2, Customer shall pay to Group 1 $5,28 The foregoing fees are conditioned upon
Customer's execution and Group 1's receipt of this Addendum by February 28, 2003. If Customer fails to execute
and return this Addendum to Group 1 by such date, Group 1 may, in its sole discretion, decline to honor the fees set
out above.
b) All fees set out above are due thirty (30) days from date of invoice. Customer shall pay a late
charge of 1.5% per month on any fees not paid by the due date.
4. General.
a) Group 1 may, upon notice to Customer, deliver the Licensed Product electronically via the Intemet
or, to the extent available, permit Customer to download the Licensed Product from Group 1's website.
b) The Agreement is supplemented as set forth herein. In the event of a conflict between the
Agreement and this Addendum the terms and conditions of this Addendum shall govern. Otherwise, all the terms
and conditions of the Agreement not amended herein shall remain in full force and effect. In the event a purchase
order is issued against this Addendum, any preprinted terms on such purchase order shall have no force or effect.
This Addendum shall not be construed against the party that has prepared the Addendum, but instead shall be
construed as if all parties prepared the Addendum.
Agreed to and accepted by:
City of Fort Collins Group 1 Software, Inc.
B : � � By:
5e:Jf�'2�S aOnjlf 1E Name:
Title: Dgal��2 �7y� 4v'w iTitle:_
Date: �3 Date:
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