HomeMy WebLinkAboutEMETER CORPORATION (SIEMENS) - CONTRACT - RFP - 7190 METER DATA MANAGEMENT SYSTEM (2)AMENDMENT NO. 3 TO
SOFTWARE LICENSE AND SUPPORT AGR
BETWEEN
EMETER CORPORATION
AND
CITY OF FORT COLLINS, COLORADO
-1-
This Amendment No. 3 to the Software License and Support Agreement (this
"Amendment'), effective as of this �Q day of August 2012, is between eMeter Corporation, a
Delaware Corporation located at 4000 E. Third Ave., Suite 400, Foster City, CA 94404
(hereinafter called "eMeter") and City of Fort Collins, Colorado located at 215 N. Mason Street
Fort Collins, CO 80521 (hereinafter called "COFC").
WITNESSETH:
Whereas, eMeter and COFC entered into a Software License and Support Agreement as of June
27, 2011 (the "SLSK) pursuant to which eMeter agreed to provide, and COFC agreed to
purchase, certain software and services; and
Whereas, the SLSA provides that Exhibit A may be amended from time to time by providing
notice to eMeter; and
Whereas, COFC has provided such notice to eMeter that they desire to purchase an upgrade to
the Oracle Technology Bundle to include licenses for four planned environments as listed on
Exhibit A-3: and
Whereas, the parties desire to amend the SLSA to reflect the purchase and the inclusion of the
upgrade to the Oracle Technology Bundle for the number of meters listed in Exhibit A-3 as of the
effective date of this Amendment 3.
(a) AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants,
and agreements contained herein, the parties agree as follows:
ARTICLE 1. AMENDMENTS.
1.1 The Software License and Support Agreement is hereby amended by adding the additional
items listed in Exhibit A-3 (Oracle Technology Bundle Upgrade) as Licensed Products
attached hereto and incorporated herein by this reference.
-2-
ARTICLE 2. MISCELLANEOUS
2.1.1 Except as expressly modified hereby, the Software License and Support Agreement shall
remain in full force and effect and unmodified.
2.1.2 Capitalized terms used herein and not otherwise defined shall have the meaning set forth
in the Software License and Support Agreement.
2. In Witness hereof, the parties have executed this Amendment as of the day and
year August LV2012.
EMETER CORPORATION
By: V
Name: Ls (ems Co-zue� V
Title:- r s `jcw�-
EMETER CORPORATION
By:
Name: hw" 4Ya- C
Title: bjea eou-ri�
101KVK91A&73i61e7411I01.1
By: O
Name:
t O G� �u2Cu✓S �.LJv
Title:
-3-
Exhibit A-3
oracle Technology Bundle Upgrade
As of the effective date of this Amendment, where the Licensed Products include The Oracle
Technology Bundle they shall be deemed to include the following additional components:
Licensed Components:
1. Database Enterprise Edition
2. Partitioning
3. Real Application Clustering (RAC)
4. Advanced Compression
5. Diagnostics Pack
6. Tuning Pack
Licensee shall be licensed to use the Oracle Technology Bundle in the following environments for
up to 129,000 Meters per environment, pursuant to the Supplemental Oracle Technology Bundle
Terms as stated in Amendment 1 to the SLSA entered into between the parties on December 14,
2011.
Licensed Environments:
1. Development
2. Quality Assurance
3. Production
4. Disaster Recovery
-4-