FullCourt Software Agreement
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JUSTICE SYSTEMS9 INC. AGREEMENT
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IN CONSIDERATION of the mutual promises and agreements provided herein, Justice Systems9 Inc. (Justice Systems),
and Salina Municipal Court, (Customer), 300 W. Ash Street, Salina, KS 67401 ( mailing address) agree that: Justice
Systems will license to Customer, rights to use FullCourtalll court; case management software, on a nonexclusive basis for
Customer's use in the geographical jurisdiction described as Salma Kansas, with sites located at the following address: 300
W. Ash Street, Salina, KS 67401
The following schedules are attached hereto and made a part of this agreement:
Schedule A - Software License: Providing for the license provisions under which the software provided by
Justice Systems may be used;
Schedule B ..:. Software Application Specific Sublicense Addendum: Providing for the use of Oracle<l!l
software2 used in conjunction with FuUCourt.
Schedule C -- Software Operating Environment: Setting forth the operating environment intended to be used
to support the FullCourt application plus any additional software required for use by FullCourt software. The
parties contemplate any modifications to these items may result in additional cost to the Customer;
Schedule D - Services Agreement. Setting forth the services that shall be provided by Justice Systems; as
well as any matters specifically excluded from Justice Sy~tems9 responsibility;
Schedule E - Software Maintenance and Suppod: Agreement for FullCourt. Setting forth the terms
comprising the agreement for maintenance and support to be provided by Justice Systems after the initial warranty
period has expired.
FuUCourt Data Dictionary License Agreement
1. COST OF SOFTWARE LICENSE AND SERVICES TO BE PERFORl\1ED:
Customer shall pay to Justice Systems the sum of FIFTY-TWO-THOUSAND-SEVENTY DOLLARS _ as follows:
a.
Total Licensefees in the amount of
FullCourt 10@$1,800
Scan/View Imaging Module 10@$1,065
Batch Imaging Module 1@$1,450
Services as setforth in "Schedule D" (excludes travel expenses)
Maintenance and Supportfees as setforth in "SChedule E"
New Mexico Gross Receipts Tax Ilf services are -oerformed in NMl
TOTAL
$18,000
$ 10,650
$ 1,450
$16,000
$ 5,970
$ N/A
$ 52,070
b.
c.
d.
Payment is due within 30 days of billing.
Costs and expenses for travel, lodging, transportation, appliCable taxes,. etc., if any, are ll!!1. included in the amounts
listed above and shall be paid upon presentation of a billingfor the same by Justice Systems.
2. CONFIDENTIAL INFORMATION: Customer acknowledges that FuUCourt (the Program) is a copyrighted work.
Any materials provided by Justice Systems including documentation (Documentation) may contain proprietary
intellectual property rights. Customer agrees to keep the Prbgram and Documentation in confidence and to take all
reasonable precautions to ensure that no unaUthorized persons have access to the Program and/or Documentation and
that no unauthorized copies are made. Breach of this provision shall be construed as a material breach of the terms of
this Agreement. As a consequence, in the event of such any breach, Justice Systems at its sole option, may immediately
terminate this agreement without further obligation. Custom~r shall not alter any proprietary markings in connection
with the Program or Documentation, including copyright, trademark, trade secret, and patent legends.
Customer's obligations under this section as they relate to the use of the Program and Documentation shall include,
without limitation, giving notification to authorized users of the provisions of this section; to immediately halt and report
to Justice Systems unauthorized copying, use, distribution,i installation, or transfer of possession of the licensed
products by any authorized user of which Customer has actual knowledge.
I FuIICourt is a registered tradename of Justice Systems, Inc. The FullCourt software program is copyrighted and protected by law.
2 Oracle is a registered trademark of Oracle Corporation, Redwood City, CA. @ 1998 Oracle Corporation. All Rights Reserved.
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JUSTICE SYSTEMS, INC. AGREEMENT
It is understood that receipt of confidential information under this Agreement shall not create any obligations in any way
limiting or restricting the assignment of Customer's employees.
3. DATA CONVERSION: Conversion of Customer's data files from Customer's current or prior computer systems
shall be the responsibility of Customer unless it is specifically agreed between Justice Systems and Customer to the
contrary under "Schedule D". Justice Systems DISCLAIMS ALL WARRANTIES, ETIHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FIlNESS FOR A PARTICULAR PURPOSE WIlli REGARD TO CONVERTED DATA FILES. Customer
acknowledges that the ability to convert data and the accuracy of converted data depends upon elements beyond the
control of Justice Systems, such as the condition of the original data sought to be converted, the organization and type
of data fields to be converted, and other reasons.
4. ACCEPTANCE: The Program shall be deemed accepted when it has been installed and passes Justice Systems'
standard installation test procedures. .
5. CUSTOMER'S OBLIGATION FOR DATA PROTECTION: Justice Systems shall not be responsible for data
protection and Customer shall be responsible for performing daily back up of data on the computer system used in
connection with the Program to minimize likelihood of data loss. Customer shall be solely responsible for backup
software, hardware procedures and operations. Customer. shall provide the safe storage of all backup tapes and/or
disks. Customer shall be responsible for keeping Customer computer systems free of computer viruses.
6. TERM AND TERMINATION: This agreement and any supplement shall continue in force unless terminated as set
forth herein. Either party may terminate this agreement upon thirty (30) days prior written notice, or immediately by
Justice Systems if Customer is in breach of any confidentiality obligations, or in violation of any obligations
concerning use or protection of the intellectual property rights of Justice Systems. Any portion of this agreement and/or
the schedules hereto may be independently terminated in the same manner without prejudice to the remaining portions of
this agreement.
7. INDEMNIFICATION: Customer will indemnify Justice Systems for any claims or damages awarded against Justice
Systems for any claim brought against Justice Systems by any third party arising out of the use of the Program or
services rendered under this agreement.
8. MODIFICATIONS: Any modifications of the Program by Customer or anyone other than Justice Systems shall be
the full responsibility of Customer and shall nullify any warranties that relate to that part of the Program modified.
9. SEVERABILITY: In the event that any provision of this agreement is held by a court of competent jurisdiction to be
legally ineffective or unenforceable, the validity of the remaining provisions shall not be affected.
10. INTEGRATION: This agreement and any supplements hereto attached as schedules contain the full understanding of
the parties with respect to the subject matter hereof and supersedes all prior understandings and writings relating thereto.
If an inconsistency arises in the interpretation of this Agreement and any of the attached schedules, supplements or any
amendments thereto, that interpretation applied to the latter shall control. No waiver, consent, modification, amendment
or change of the terms of this agreement and its supplements shall be binding unless in writing' and signed by the
authorized representatives of Customer and Justice Systems.
11. ARBITRATION: Any dispute arising out of this agreement other than claims for preliminary injunctive relief or other
prejudgment remedies shall be resolved at the request of either party through binding arbitration. Arbitration shall be
conducted in Albuquerque, New Mexico under the rules and procedures of the American Arbitration Association
("AAA"). The arbitration shall be by a panel of three arbitrators and, if feasible, one of the three shall possess
knowledge of computer software and its distribution. '
12. NOTICE: Any notice required or permitted to be given. in this agreement shall be in writing and shall be sent in a
manner requiring a signed receipt, or if mailed, by registered or certified mail, return receipt requested. Notice is
effective upon receipt. Unless otherwise set forth in writing. Customer designates the address set forth above as the
location for delivery of any notifications.
13. NO WAIVER: The failure of either party to exercise any right, or the waiver by either party of any breach, shall not
prevent a subsequent exercise of such right nor be deemed a waiver of any subsequent breach of the same or any other
term of the agreement.
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JUSTICE SYSTEMS, INC. AGREEMENT
14. FORCE MAJEURE: Neither party shall be deemed in default of this agreement to the extent that performance of their
obligations or attempts to cure any breach are delayed or pr~vented by reason of any act of God, fire, natural disaster,
accident, shortages of materials or supplies, or any other cause beyond the control of such party. This provision requires
that any party clalmirig relief under this provision give writte~ notice within fifteen (15) days of discovery thereof. In no
event shall the time for performance be extended beyond 90 days.
15. DUTIES OF CUSTOMER AND EXCLUnED SERVICES: In order to ensure adequate performance and operation
of FullCourt, and to avoid additional cost under this Agreement Justice Systems will not begin installation until
Customer informs Justice Systems that the ,requisite preparations have been completed. Should Justice Systems
personnel arrive at Customers site and be delayed in installing FullCourt software, conducting training, or performing
other contracted services because Customer has not adequ~tely performed any portion of the hardware, software or
system infrastructure implementation, or. other required elements to support FullCourt software, Customer will be
billed for any delays, extra travel or other expenses incurred.and for the stand-by time for personnel. Such delays may
necessitate re-scheduling of the installation, training, and/or other services to be performed by Justice Systems.
Charges occasioned by Customer's failure to otherwise coqtply with this sub-paragraph will be billed in accordance
with Justice Systems' Standard Professional Services Fees rates, in addition to actual "out-of-pocket" expenses incurred
for travel, lodging, etc., and payable upon receipt of an itemiz~ statement therefor.
Justice Systems shall only provide services as specified els~where in this agreement. It is expressly understood and
agreed by Customer that Justice Systems will not be responsible for performing the following services:
15.1. Hardware: hardware installation and setup, work station or server setup, fax-modem or printer installation or
setup, local or wide-area networking hardware or setup, back-up system hardware or setup, services related to set
up of the networking infrastructure.
15.2. Other Software: supplying, installing, or integrating any other software, including but not limited to operating or
networking systems or setup, word processing system, 'PC Anywhere or other remote communications software,
back-up system software, or any legacy system or other n.on-FullCourt application.
15.3. Services related to nerformance: Because performance is a product of many factors which are not necessarily
under Justice Systems' control, any services required to : improve performance, other than tuning the Oracle server,
are specifically excluded.
The above listed services are not intended to be all-inclusive. Justice Systems' responsibility to provide any other
services is limited to those matters enumerated in "Schedule D", "Schedule E", or as may be otherwise agreed to in
writing between the parties.
16. DATA DICTIONARY: Included among the products to be delivered as a part of this Agreement is a copy of the most
current version of the FullCourt Data Dictionary. The use of the FullCourt Data Dictionary is controlled by the terms
and conditions of its license which can be found as part of this document. The Customer acknowledges receipt of the
license and that it has read and understood the same. Update~ to the FullCourt Data Dictionary which are necessitated
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by the issuance of maintenance releases to the Full Court; software shall be provided only when the Software
Maintenance and Support Agreement, Schedule "E", remams in effect. Customer further understands that support
for the FullCourt Data Dictionary may be obtained from Ju~tice Systems through direct telephone technical support
(and is not included as part of the maintenance and support p~vided for FulICourt). Telephonic Technical Support for
the FullCourt Data Dictionary providing direct telephonic assiStance from a Justice Systems, Inc. technician at the rate of
$165.00/hr, minimum Y2 hour increments (this amount being subject to change by Justice Systems at any time in the
future). Customer agrees to pay all amounts incurred for any such support provided upon presentation of an invoice
therefor.
17. LATE FEES, COSTS, ATTORNEYS' FEES: Late payment charges and fees shall be allowed in the amount of 1.5%
per month, compounded monthly, and shall apply to any payments in arrears for a period exceeding thirty (30) days. In
any legal action or arbitration brought under this agreement, the prevailing party shall be entitled to reasonable
attorneys' fees and costs of litigation arbitration, or injunctive relief proceedings necessary to cany out the provisions of
this agreement. This provision shall not be construed as limiting the right of Justice Systems to demand timely
payment; nor shall it require that Justice Systems extend time for payment under the provisions of this Agreement.
18. GOVERNING LAW: This agreement shall be governed by and interpreted, construed, and enforced in accordance with
the laws of the State of New Mexico.
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JUSTICE SYSTEMS, INC. AGREEMENT
ACCEPTED BY:
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Maintenance and Support Agreement for FullCourt System
FullCourt@ Data Dictionary License Agreement
For good and valuable consideration Justice Systems, Inc., a New Mexico corporation, hereby grants to Customer,
(hereinafter "Licensee") a License for the FullCourt Data Dictionary, as follows:
The FullCourt@ Data Dictionary is the exclusive proprietary property of Justice Systems, Inc., a New Mexico corporation.
As such, its use and products created as a result of its use (and the technology disclosed therein) are strictly governed by the
terms of the original FullCourt License, Oracle@ sub-License and. other licenses which may accompany the FullCourt Court
Case Management System.
Use, disclosure, extraction from and any other 'information derived as a result of this disclosure of the FullCourt Data
Dictionary is further governed, as follows:
1- The FullCourt Data Dictionary is protected in accordance with the provisions of the Justice Systems, Inc. copyright
to FullCourt;
2- The FullCourt Data Dictionary is licensed, not sold, by Justice Systems, Inc. It shall remain proprietary to and a
trade secret of Justice Systems, Inc. which retains the title, ownership and intellectual property rights in and to the FullCourtllb
Data Dictionary;
3- The Licensee may not modify, network, rent, lease, loan, sublicense, assign, or otherwise transfer the FullCourt@
Data Dictionary, in whole or in part;
4- The FullCourt Data Dictionary contains trade secrets, and the Licensee may not decompile, reverse engineer,
disassemble, or otherwise manipulate any components of Full Court or the FullCourt database so as to disclose trade secrets;
5- The FullCourt Data Dictionary described herein, and any modifications, updates, revisions, corrections or additions
thereto, shall be used for the below enumerated purposes and for no other nU1'j)oses:
a. To provide Licensee with a view of the structures of the generic FullCourt database;
b. To provide Licensee with information pertaining to the FullCourt database so that Licensee might design
and develop interactivity with the data contained in the FullCourt database and software products developed by the Licensee,
such as ad hoc inquiry and reporting;
6- Under no circumstances may any product developed by Licensee, or its assignees, modify, enhance or in any way
affect the FullCourt database structure. No database relationships shall be modified by Licensee or by any derivative work
created by Licensee, or its assigns. Any such modifications to 1:h,e FullCourt database shall immediately void any and all
warranties, and maintenance obligations of Justice Systems, Inc., and other obligations of Justice Systems, Inc. under the
then existing FullCourt license agreement;
7- This license to the FullCourt Data Dictionary is an extension of the original FullCourt License and shall terminate at
such time as the original FullCourt License;
8- Licensee shall keep the FullCourt Data Dictionary and Documentation in confidence and take all reasonable
precautions to ensure that no unauthorized persons have access to,the same. Licensee shall immediately provide to Justice
Systems, Inc. the names and job titles of each individual within the employ or supervision of Licensee who is granted access
to the FullCourt Data Dictionary (and maintain current the information on such list).
9- This License Agreement shall be governed in accordance with the laws of the State of New Mexico.
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Maintenance and Support Agreement for FullCourt System
JUSTICE SYSTEMS, INC.
FullCourf Software License
Schedule "A"
Note: This license is intended to cover the FullCourt application. This license supercedes and replaces any and all
other FullCourt licenses granted to the Customer prior to the date of this license, and does not grant the right to
increase the number of concurrent users for any of the licensed products beyond the number identified herein.
Acceptance of this license and use of the products licensed hereunder constitutes a surrender by the Customer of all
previously granted licenses (and sublicenses thereunder). Justice Systems, Inc. ("Justice Systems"), a New Mexico
corporation, grants to Customer a personal, non-transferable, non-exclusive license to use FullCourt software and
documentation. ("the Program") and to use other software modules developed and provided by Justice Systems in
conjunction with the Program. By use ofthe Program, Customer agrees to abide by the terms of this license.
The license granted herein authorizes the use of the Program only in object code format (and does not grant any rights to
source code) by no more than ten (10) concurrent users. A "concurrent user" is anyone authorized by Customer who is
signed onto the Program through a single computer workstation as permitted by the Program. Customer shall assure
compliance with the conditions of this license and will permit Justice Systems to perform reasonable audits and on-site
inspections of the Program, and its use. The Program may only be used for Customer's internal business use and only to
process information or data of Customer. The Program shall be used only within the geographical jurisdiction of Customer
and at such sites as shall be set forth by agreement with Justice Systems. Customer shall not make copies of the Program, nor
shall Customer sell, assign, give or permit a security interest to be taken herein, or otherwise conveyor allow any other
person or entity to use the Program without prior written consent of Justice Systems. Customer shall not cause or permit
reverse engineering, derivation of source code, disassembly, decompilation of the Program nor disclose nor permit access to
the Program by any unauthorized third party without the written consent of Justice Systems. Customer shall not create
derivative works from, adapt, translate or use any portion of the Program except as otherwise specifically permitted in this
License. Customer shall not disclose results of benchmark tests of the Program. Customer acknowledges that Customer
obtains no ownership rights in the Program and that the Program is the proprietary product of Justice Systems and is
protected by copyright and other intellectual property laws. Customer shall have the right to use the Program in the operating
environment identified by Customer to Justice Systems.
Once installed by Justice Systems, Customer may not copy onto or transfer the Program to any other device(s) than that upon
which originally installed, except in the case of one-to-one transfers to new hardware installations, in which case such
hardware shall conform to any prerequisites of this License or accompanying sublicenses and that the software installed on
the pre-existing hardware will terminate automatically. Notwithstanding the terms of this subparagraph, Customer may
temporarily transfer the Program onto another device if the original device becomes inoperable or is malfunctioning. .
Customer shall abide by any conditions of any licensing or sublicensing agreements of other software that is used in
conjunction with the Program.
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FullCourt Imaging Batch Module [1 license ]
ruSTICE SYSTEMS WARRANTS THAT FOR 90 DAYS FROM TIffi DATE OF INSTALLATION OF THE
PROGRAM: (A) THAT THE PROGRAM WILL SUBSTANTIALLY PERFORM THE FUNCTIONS DESCRIBED IN
DOCUMENTATION PROVIDED BY JUSTICE SYSTEMS WHEN OPERATED IN THE DESIGNATED OPERATING
ENVIRONMENT. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER W ARRANTlES, WHETIffiR
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. IF CUSTOMER GIVES NOTICE OF AN ERROR OR INABILITY OF TIffi PROGRAM TO
SUBSTANTIALL YPERFORM AS SET FORm HEREIN, WITHIN THE 90 DAY WARRANTY PERIOD, ruSTICE
4 FullCourt is a registered trade name of Justice Systems, Inc. The FullCourt software program is copyrighted and protected by law.
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Maintenance and Support Agree.;nent for FuUCourt System
SYSlEMS SHALL, AT ITS OPTION, RESOLVE TIlE ERROR OR INABILITY TO PERFORM, OR REFUND TIlE
LICENSE FEES PAID BY CUSTOMER. mSTICE SYSTEMS SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES bR OTIIER DAMAGES FOR LOST REVENUE, LOST
OPPORTUNITY, LOST DATA OR DATA USE INCURRED IBY CUSTOMER OR ANY THIRD PARTY. IN ANY
EVENT, ANY LIABILITY OF mSTICE SYSlEMS SHALL 1jJOT EXCEED TIlE AMOUNT PAID BY CUSTOMER
FOR TIlE LICENSE. IF ANY PROBLEM, OPERATIONAU FAILURE, OR ERROR OF TIlE PROGRAM HAS
RESULlED FROM ANY ALlERATION OF THE PROGRAM. ACCIDENT, ABUSE, MISAPPLICATION AFlER
ACCEPTANCE, FAILURE TO FOLLOW CORRECT PRO<tEDURES FOR STARTING UP THE SYSlEM OR
SHUTTING IT DOWN, OR BY INTRODUCTION OF ~ NEW SOFTWARE TO THE SYSlEM NOT
SPECIFICALLY PROVIDED BY mSTICE SYSlEMS, ANY WARRANTY PROVIDED IN TIllS AGREEMENT
SHALL BE NULL AND VOID. TIlE WARRANTY EXTENDS ONLY TO TIlE CUSTOMER IDENTIFIED IN TIlE
BODY OF TIllS LICENSE AGREEMENT, OR TIIE UNDERLYING AGREEMENT TO WIDCR IT HAS BEEN MADE
AN ATTACHMENT. SUBSEQUENT TRANSFEREES MUS~ ACCEPT TIIE PROGRAM "AS IS" AND WITH NO
WARRANTIES OF ANY KIND.
Customer recognizes that money damages may not be an adeqUlite remedy for its breach or violation of the terms of this
license, or threatened breach or violation, and injunctive relief 'or other equitable remedies shall be available to Justice
Systems as a remedy in addition to any other' remedies availabl~ under the law. Any dispute relating to the terms of this
license other than claims for preliminary injunctive relief or other equitable remedies shall be resolved at the request of either
party through binding arbitration. This provision, and the rights created hereunder, shall survive termination of the
Agreement.
Justice Systems may terminate this license agreement if Customer (a) fails to make any License Fee payment as set forth by
agreement; (b) commits a material breach of any of its obligatipns provided for under this license, which breach is not
remedied or cured within thirty (30) days after notice thereof by ~ustice Systems to Customer. Upon termination, Customer
shall' immediately cease to use the Program and shall immediately deliver to Justice Systems all copies of the Program and
documentation or any other property of Justice Systems relating to the Program and shall certify in writing that these terms
have been fulfilled. .
Date: I - 2.'1-0'
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Maintenance and Support Agreement for FullCourt System
SOFTWARE APPLICATION SPECIFIC SUBLICENSE ADDENDUM
Schedule B - FullCourt
Justice Systems, Inc. (Justice Systems~ grants to Customer a sublicense to use Oracle@ software
(ORACLE) in conjunction with FullCourt4 software provided by Justice Systems to Customer. This
sublicense, :0...~ject t~ the terms and conditions of the "JUSTICE SYSTEMS , INC.AGREEMENT"
dated 2009 and executed contemporaneously with this instrument as well as the
following terms: .
1) For the pl11'poses of this sublicense, ORACLE shall be utilized only for the purpose of running
FullCourts or such other programs provided by Justice Systems to Customer.
2) ORACLE may not be used to create or alter tables or reports except as necessary for operating
FullCourt software.
3) The right to use ORACLE is a nonexclusive, nontransferable right granted Customer by Justice
Systems to use only the object code of ORACLE provided by Justice Systems with the FullCourt
software license granted concurrent hereto and the ORACLE user guides and manuals.
4) ORACLE will be provided by Justice Systems and shall be used only with FullCourt, Justice
Systems' Application Program.
5) Each copy of ORACLE shall be for the Cu'stomer's own internal use within the limits of its
geographic jurisdiction. The ORACLE program shall not be transferred except for temporary
transfer in the event of computer malfunction.
6) The Customer shall not transfer, assign, timeshare, rent, lease, provide subscription services, act
as a service bureau for the use of the licensed products or otherwise use ORACLE except with
FullCourt.
7) Oracle Corporation shall retain all title, copyright, and other proprietary rights in ORACLE and
any modifications or translations thereof. The Customer does not acquire any rights in ORACLE
other than the limited rights specified in this sublicense.
8) Customer shall not reverse engineer (unless required by law for interoperability), disassemble,
decompile or duplicate ORACLE except for it may duplicate a single backup or archival copy.
9) Customer shall not remove or modify any program markings, nor any notice of proprietary rights
of Oracle Corporation.
10) Customer shall not hold Oracle Corporation or Justice Systems liable for any damages, whether
direct, indirect, incidental, or consequential, arising from the use of ORACLE.
11) Customer shall, at the termination of the sublicense, discontinue use and destroy or return to
Justice Systems all copies of ORACLE and Documentation.
12) Customer shall not publish any results of benchmark tests run on ORACLE.
13) Customer shall not engage in any deceptive or misleading practices that may be detrimental to
Oracle Corporation or the program herein offered.
14) Customer shall comply fully with all relevant export laws and regulations of the United States to
assure that neither ORACLE, nor any direct product thereof, are exported, directly or indirectly,
in violation of United States law.
15) To the extent permitted by law, Oracle Corporation is a third party beneficiary ofthis sublicense
agreement.
16) Justice Systems does not provide any warranty for ORACLE separate and apart from such
warranties as are provided by Oracle Corporation.
17) Customer agrees to cooperate with any audit of the use and distribution of ORACLE conducted
by Justice Systems, or any other entity acting for or in behalf of Oracle Corporation.
4 FullCourt is a registered trade name of Justice Systems, Inc. The FullCourt software program is copyrighted and protected by law.
S Customer understands that some programs, may include source code that Oracle may provide as part of its standard shipment of such programs, which
source code shall be governed by the terms of the end user license agreement and this addendum.
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Maintenance and Support Agreement for FullCourt System
18) Customer shall submit for review by Justice ~ystems, samples of any ad hoc reports created
using FullCourt data whether generated by components of the FullCourt system or external
applications.
19) The provisions of the Uniform Computer Information Transactions Act shall not apply to this
sublicense or the FullCourt license granted herewith.
Products Applicable to this Addendum:
Item # Application
Specific Description
Pr
Price! Application
Qty Specific
L'
Total Application
Specific License
Ch
o~ lcense arf;!;e
1 Oracle Oracle Relational Database 10 N/C N/C
Standard System Version ltg,
Edition" Application Specific, Named
User Plus Licenses
N/C
TOTAL APPLICATION SPECIFIC LICENSE CHARGE $
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Maintenance and Support Agreement for FuUCourt System
Software Operating Environment and Additional Software
Schedule C
Designated Operating Environment:
Server: Oracle Certified Systems6
Clients: MS Windows NT, MS Windows 2000, Windows XP
MS Word for Windows
License Extended
Item Charge/ License
Number Style Descrintion Otv Unit Charee
1 FullCourt Case Management Software 10 $ 1,800 $ 18,000
2 Imaeing FullCourt Digital Imaging Scan/View 10 $ 1,065 $ 10,650
3 Batch Img FC Batch Scanning For Imaging 1 $ 1,450 $ 1450
.
Total Amount $ 30,100
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6 Server environments running operating systems certified by Oracle at the time of installation to be compatible with the
version and release of the Oracle database provided in this transaction (e.g., Windows 2000 Server, Windows 2003 Server,
Linux)
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Maintenance and Support Agreement for FuUCourt System
Services Agreement and Statement orWork
Schedule 'n
Justice Systems will install FullCourt@ case management softWare onto the Customer's Intel server7. Customer, at its
own expense will be responsible for the following:
1.) Installation of the printers and other related software.
2.) Assuring that all hardware (server/workstationslLocalArea Network! printerslInternet access with ports 80
and 443 unblocked/tape backup system etc.) is fully tested an4 operational prior to the FuUCourtinstallation.
3.) Internet access, with Internet access with ports 80 and 443 unblocked, must be available to the server and
workstations in order to support remote installation and diagriosis8. (If the Oracle@ database is to be installed on
serving either running Unix or Linux, a Windows workstation with Internet access should also have a tested and
working an X server installed so that the database server may be accessed for installation, configuration and
maintenance).
To initiate the FullCourt installation, Justice Systems will send the court an installation kit, which contains several
forms that need to be completed, by the court. The information you provide in these forms, along with sample copies
of your most commonly used court documents, will serve as the baSis for Justice Systems' Court Specialists to begin the
customized setup of FullCourt for your court. FullCourt will be delivered with a standard set of court documents. You
will be trained to modify these documents and create new ones. The table set-up should be completed prior to training,
which allows for additional FullCourt training. This will necessitate all hardware and infrastructure to be in place for 4
to 6 weeks prior to training. Justice Systems will then remotely install FullCourt and the Oracle database on your
server and fully test the system. A I-week training session will be. conducted on-site at the court. This training teaches
the setup and use of Full Court.
$ 12,500
Integrated Imaging Module:
Setup - Installation and Training will be performed remotely. The training will consist of up to one full day of remote
training.
$ 3,500
Justice Systems travel expenses related to anyon-site Installation and Training are not included and will be billed
separately.
TOTAL SERVICES: $16,000
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7 The court must have the complete hardware and networking infrastrucm're in place and operational before the installation of FuUCourt.
Such infrastructure should include among other things: file server with backup system, workstation(s), Internet connection, printers, Local
Area Networking infrastructure/LAN software, and workstation software including MS Word for Windows. The entire system (including
Intemet connection) must be fully tested and operational prior to the installation of the FuUCourt software. Please contact Justice Systems
with any questions regarding the required hardware/software necessary to run FuUCourt. In order to assure that the proper hardware,
networking, and operating system infrastructure is in place, JSI will conduct a preliminary installation conference call with the appropriate
Court and Information Systems personnel.
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. Maintenance and Support Agreement for FuUCourt System
Schedule E
TERM: This agreement shall begin at the end of the warranty period and shall continue for one year terms with
automatic renewal for successive one year periods or until specifically terminated by either party giving thirty (30) days
written notice of intent to terminate.
SUPPORT PROVIDED: Justice Systems will:
I) provide Customer with telephone access by which Customer may co~unicate with Justice Systems for purposes
of seeking technical support of the software.
2) provide to Customer any maintenance releases to the particular version of FuUCourt software covered under this
agreement.
3) use its best efforts to correct or replace software and/or provide services necessary to remedy any programming
error which is attributable to Justice Systems and which significantly affects the use of the software.
4) provide Customer with remote diagnostic services.
FEES: Maintenance and support is included during the warranty period. After that, maintenance and support under this
Schedule will be provided at a price9 of $450 per license (FullCourt CMS), $125 per license (ScanNiew Imaging Module),
and $220 per license (Batch Imaging) per year. This fee may be increased in subsequent years at Justice Systems' sole
discretion. Services for the FullCourt Data Dictionary and XML Extract shall be separately provided upon request of
Customer who will be charged therefor on a per call basis at the then current Standard Professional Services Rate.
Customer agrees that each call shall be billed in minimum one-half hour increments.
CONDITIONS OF SUPPORT: Customer acknowledges and agrees that support under this agreement will not be provided
for damage or problems to software caused by fire, smoke, water, vandalism, riots, theft, misuse, accidents, power outages,
abuse, any acts of war, or acts of God. Customer further acknowledges that this agreement will not cover corrections for
difficulties or defects traceable to system changes by Customer, alterations to software other than by Justice Systems,
introduction of incompatible programs, hardware, viruses, or any other cause beyond the control of Justice Systems.
Any support rendered by Justice Systems at Customer's request to deal with any problems that lie outside the scope of this
support agreement shall be billed in accordance with the time and materials rates then in effect Justice Systems at the time
the work is completed, plus any travel and expenses incurred in providing such extra support.
Charges for support or work provided to Customer by Justice Systems that lie outside the scope of the support agreement
shall be paid within thirty (30) days from the date of billing. Payments not timely made shall bear a penalty of I 1/2 percent
per month until paid.
VERSIONS SUPPORTED: Support under this Agreement shall be provided only for the most current version release and/or
the next previous release of the software so long as all enhancements, corrections, fixes and maintenance releases for such
version which have been distributed by Justice Systems are installed at the time of request for support. Subject to the availability
of resource, Justice Systems, at its option, will provide maintenance and support for software not satisfying these criteria on a
time and materials basis.
It may be necessary to install the latest software releases for the licensed program and it may be necessary to update customer's
computer hardware, operating systems and/or other software to achieve compatibility with the currently supported version of the
licensed program. If customer has not installed any releases that Justice Systems has made in the licensed software or is not
using a currently supported version of the licensed program, Justice Systems may suspend provision of software maintenance
and support for the licensed program until customer cures this condition.. There shall be no refunds of the software maintenance
and support fee.
Any installation required for an upgrade to a currently supported version of a licensed program, when performed by Justice
Systems, will be charged to customer at Justice Systems' then current hourly rates plus reimbursement for any out-of-pocket
costs or expenses incurred by Justice Systems. Such installation charges shall be in addition to other fees or charges that may be
due.
9 When applicable federal, state and local taxes will be invoiced in addition to the fee.
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Maintenance and Support Agreement for FuUCourt System
TIME OF SUPPORT: Maintenance and support services provided under this agreement shall be available during the
normal working hours of 8:00, a.m. to 5:00 p.m. in Albuquerque, New Mexico excluding weekends, legal holidays, or other
days determined by Justice Systems by 'prior notice to Customer.
Customer' shall provide Justice Systems with access to its computer hardware, system software, the licensed program and
customer data files with sufficient work space required to perform the software support services that Justice Systems determines
will be best provided on site. Customer shall also provide sufficient electrical current, telephone access, network and Internet
access, and power outlets for Justice Systems us~ in,performing software maintenance and support.
WARRANTIES: EXCEPT AS EXPRESSLY STAlED IN TIllS AGREEMENT, mSTICE SYSlEMS DOES NOT
WARRANT SERVICES AND SUPPORT PROVIDED FOR AND INCLUDED IN TIllS AGREEMENT AND THE
CUSTOMER HEREBY ACKNOWLEDGES lHAT SAID AGREEMENT IS EN1ERED INTO AND SAID SERVICES ARE
PURCHASED REALIZING lHAT NO IMPLIED WARRANTIES ARE MADE OTHER 1HAN lHAT mSTICE SYSlEMS
WILL USE REASONABLE EFFORTS TO RESOL VB PROBLEMS, ANSWER QUESTIONS AND HELP CUSTOMER
OBTAIN SATISFACTORY PERFORMANCE OF THE SOFTWARE.
REMOTE SUPPORT: Customer agrees to install and maintain for the duration of this agreement to provide Internet access
and browser (Internet Explorer release 5.5, or higher, Mozilla, Firefox or Netscape 7.x) that is compatible with Justice Systems'
remote diagnostics system. Customer will pay for installation, maintenance and use of said items. Justice Systems shall use these
items in connection with error correction and/or supporeo. Any access by Justice Systems shall be subject to prior approval of
customer and in any case access shall be solely for the purpose authorized by customer.
PROPRIETARY RIGHTS: Any changes, additions and enhancements in the form of new or partial programs or
documentation as may be provided under this agreement shall remain the proprietaJy property of Justice Systems.
TERMINATION: In the event of termination of the software license specified above, all maintenance fees or charges payable
for the entire term of this agreement shall without notice or demand by Justice Systems immediately becomes due and payable;
and, Justice Systems' obligations under this agreement shall immediately end. Justice Systems may terminate this agreement in
the event of the failure of customer to fu1fill its obligations hereunder.
GENERAL: This agreement is not assignable without prior written consent of Justice Systems. Any attempt by customer to
assign any of the rights, duties and obligations of this agreement without such consent is void.
This agreement can be modified only by a written agreement duly signed by persons authorized to sign agreements on behalf of
customer and Justice Systems. Variance from the terms and conditions of this agreement except in writing and signed by those
persons authorized to sign for the customer and Justice Systems will be of no effect.
If any provision or provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No action regardless of form
arising out of this agreement may be brought by either party more than two years after the cause of action has arisen or in the
case of non-payment, more than two years from the date oflast payment.
If there is any default or breach of the terms and conditions of this contract by the customer, customer agrees to pay all of Justice
Systems reasonable legal fees incurred as a result of the breach or default.
10 Requirements, generally, for Web based remote access are: [I] Internet access; [2] Microsoft'" Internet Explorer 5.5 or higher; and [3] No blocks on ports
80 and 443 (httpandhttps)
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Maintenance and Support Agreement for FullCourt System
ACCEPTED BY: a
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(Authorized Signature)
:-S-L~#t A. Gy~-
(Type or print name)
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(Title) .
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(Date)
Ernie L. Sego, President
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(Date)
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