The URL can be used to link to this page

Home My WebLink AboutFulcrum Biometrics - Service Agreement - 1-26-2023Louuuotyii mjvV iupu IU. U'#rr_u%,/L/V-/ JUC-4CCU-ovuo-/'# iz;,.D I/1VJrr- F-uICrum biometrics Maintenance & Support (M&S) Subscription Service Plan Thank you for selecting the FULCRUM BIOMETRICS software. Please carefully review the details of this Maintenance & Support Subscription Service Plan and the Software Product Agreement (Appendix A). Subscription to this service plan guarantees access to the services mentioned above and detailed below. Should the maintenance and support subscription lapse, Fulcrum is under no obligation to provide patches, new versions, or upgrades. MAINTENANCE AND SUPPORT SUBSCRIPTION HIGHLIGHTS $150 per hour support charges waived • Free support for an unlimited number of incidents for a year • U.S. phone support available between 8:30am and 5:30pm U.S. Central Time (GMT -6) • Support portal access 24 hours a day Renewable every year (discounts available for advance purchase of multi -year M&S packages) • Free bug fixes and product upgrades, both major and minor, during the subscription period. GENERAL POLICIES AND LIMITATIONS 1. Renewal Policy: The initial term of the service plan is one year from the date of purchase (i.e. shipped from Fulcrum) of your software. The "effective anniversary date" (EAD) of the subscription is the first day of the first full month after the anniversary of date of purchase. The subscription will automatically renew for the next twelve (12) months when Fulcrum Biometrics receives your payment. A renewal payment not remitted within 30 days of the effective anniversary date will cause the subscription to be canceled. In the case of a canceled or lapsed subscription, to receive support, you must either a) make the subscription current by paying any monies owed from the renewal date forward, or b) remunerate the current hourly technical support fees assessed by Fulcrum. To receive support, the remedies outlined previously in this paragraph apply. Fulcrum Biometrics, M&S Agreement- Proprietary and Confidential rev.1.13.23 Page 1 of 7 L)uuuo Iyii r-iivu pu IU. 1V%,D//-%uorC Maintenance and support for licenses (seat or server) purchased between the initial purchase and the effective anniversary date will be added to the total licenses owned, and the subscriber will only need to remit one time a year (on the EAD) for all licenses being used. This subscription may be terminated by Fulcrum Biometrics immediately and without notice if the subscriber fails to comply with any term or condition of this Agreement, or if a subscriber exceeds reasonable use of the subscription. If Fulcrum Biometrics chooses not to renew a subscription on the basis of excessive usage, such determination shall not be deemed to preclude customer support from Fulcrum Biometrics on a pay-as-you-go basis or under a limited incident plan, if available. From time to time Fulcrum Biometrics may change the terms or conditions of this subscription plan, method of delivering or accessing the subscription and/or the subscription fee. 2. Definition of an Incident: For purposes of these terms and conditions, an "incident" means (a) a single issue or problem that a subscriber asks a support representative to analyze or resolve, (b) a product -usage question that involves a single topic on a feature or function of the software, or (c) a single request for installation or troubleshooting of peripheral hardware devices. The technical support representative will determine if any additional incidents may be handled during the course of the telephone or electronic contact. 3. General Policies: During the term of the subscription, customers will receive support for an unlimited number of incidents. Fulcrum Biometrics reserves the right to limit each contact (telephone or electronic) to one incident as defined above. Fulcrum Biometrics may also choose to limit, terminate, or not renew support service for any subscriber who uses the service in an irregular, excessive, abusive, or fraudulent manner. Terms, conditions, support features, procedures, pricing and support availability for future periods are subject to change at any time without notice. Coverage is non -transferable and is valid for the subscriber only. Resale or transfer of subscription rights is strictly prohibited, and will be grounds for termination or non -renewal of the service plan. 4. Support Availability: Support availability may vary from stated hours due to downtime for systems and server maintenance, company events, observed U.S. holidays, and events beyond our control. For subscribers in the United States, please call the Fulcrum support number (210-257-5615 or 800-430-4601) between 8:30am and 5:30pm Central Time. Fulcrum Biometrics will not call back customers located outside the United States, nor is Fulcrum Biometrics responsible for long-distance telephone charges incurred in connection with the use of the service plan from a location outside the United States. Customers outside of the United States should place support tickets online at http://support.fulcrumbiometrics.com. As an active subscriber, you may be eligible for additional products, services, and/or discounts when and if such additional products, services and/or discounts become available. These additional offerings or offers may be subject to additional terms, conditions and limitations. Fulcrum Biometrics, M&S Agreement- Proprietary and Confidential rev.1.13.23 Page 2 of 7 UUUU,31Y1I CIIVCIUFv IU. I VI-,D/MUJrC 5. Support Topic Limitations: Inquiries are limited to the following Software product areas: installation, upgrade assistance, basic functionality, and hardware troubleshooting. Fulcrum Biometrics will also assist subscribers with basic connectivity issues between client and server components installed in the same network to the extent necessary to confirm whether such issues relate to equipment or software within Fulcrum Biometrics control. However, Fulcrum Biometrics shall not be responsible for connectivity issues caused by user network setup or configuration, or third -party services, service providers, hardware, or software. The service plan does not cover application consulting or training. Fulcrum support hours and response time guarantees do not apply to third parties to whom Fulcrum Biometrics transfers or escalates a call in cases where a third parties' hardware or software are involved. 6. Product Upgrade Limitations: Fulcrum Biometrics will send service plan subscribers new software version upgrades when and if a new release is available for their edition of the product during the subscription period. Subscribers will NOT be entitled to receive a version upgrade released after the expiration date of their subscription. Version upgrades are provided for use by subscribers only and are strictly prohibited from resale. 7. Supported Products and Services: The service plan subscription covers all supported versions of software (as defined in the Software End User License Agreement) and any services included in the service plan. Support availability for a particular version is subject to change at any time without notice. 8. Warranty: Fulcrum Biometrics warrants that the software will conform to manufacturer specifications and are free from defects in material and workmanship when used under normal operating conditions and within the service for which they were furnished for 90 days. The obligation of Fulcrum Biometrics hereunder shall expire 90 days after delivery, unless otherwise specified, and is limited to repairing, or at its option, replacing without charge, of any such product which in Fulcrum Biometrics sole opinion proves to be defective within the scope of this warranty. In the event Fulcrum Biometrics is not able to repair or replace defective products or components within a reasonable time after receipt thereof, Buyer shall be credited for their value at the original purchase price. Fulcrum Biometrics must be notified in writing of the defect or nonconformity within the warranty period and the affected products returned to Fulcrum Biometrics facility or to an authorized service center within with the first 90 days of ownership. Shipment shall not be made without prior authorization by Fulcrum Biometrics. Fulcrum Biometrics, M&S Agreement- Proprietary and Confidential rev. 1.13.23 Page 3 of 7 UVUUJIIJ.II CI IVCIVFIC IU. ISIJD//1VJrC Fulcrum Biometrics warrants that all products of other manufacturers, resold by Fulcrum Biometrics, conform to manufacturer specifications and are free from defects in material and workmanship when used under normal operating conditions and within the service for which they were furnished. This is Fulcrum Biometrics' sole warranty with respect to the products delivered hereunder. No statement, representation, agreement or understanding oral or written, made by an agent, distributor, representative or employee of Fulcrum Biometrics which is not contained in this warranty, will be binding upon Fulcrum Biometrics unless made in writing and executed by an authorized Fulcrum Biometrics employee. 9. Disclaimer of Warranties: PLAN SUPPORT SERVICES ARE PROVIDED "AS -IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULCRUM BIOMETRICS, ITS AFFILIATES, LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD -PARTY CONTENT AND SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, NON-INTERFERENCE OR NON -INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS AND SIMILAR LAWS OF ANY JURISDICTION. FULCRUM BIOMETRICS AND ITS SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE OR FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. FURTHER, FULCRUM BIOMETRICS DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE OR CONTENT OR DATA THROUGH THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. In that event, any implied warranties are limited in duration to sixty (60) days from the first date of service. Under no circumstance shall Fulcrum Biometrics be liable to Buyer, in contract or in tort, for any special, indirect, incidental, or consequential damages, expenses, losses or delay however caused. 10. Limitation of Liability and Damages: Fulcrum Biometrics maximum liability, and subscriber's sole remedy, for any claim arising under the service plan will be the refund of an amount not exceeding the subscription fee paid by the subscriber for 12-month period during which the claim arose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FULCRUM BIOMETRICS, ITS AFFILIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, THE LOSS, CORRUPTION OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS OR INVESTMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF FULCRUM BIOMETRICS, ITS AFFILIATES, ITS SUPPLIERS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE Fulcrum Biometrics, M&S Agreement- Proprietary and Confidential rev.1.13.23 Page 4 of 7 L/UUU,D1y1I CIIVCIUpU IU. U'4r Cal.. LlV-lJUC�fCCU-D�VJ-I'# 1VI_,D/MU0rC POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FULCRUM BIOMETRICS AND YOU. 11. Governing Law: These terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Subscriber agrees that any action arising out of or relating to the service provided by Fulcrum Biometrics will be filed and maintained only in the state or federal courts located in Fresno, California and subscriber hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action. If any provision of these terms is deemed unlawful, void or unenforceable for any reason, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This is the entire agreement between Fulcrum Biometrics and the subscriber relating to the subject matter of these terms, and may not be modified except in a writing signed by both the subscriber and an authorized representative of Fulcrum Biometrics. 12. Privacy Statement: Your subscription is subject to Fulcrum Biometrics privacy policies, as may be amended from time to time, as set forth in our Privacy Statement: http://www.fuIcrumbiometrics.com/terms_privacy.asp. By registering for this subscription, you consent to the use of your personally identifiable information in accordance with such privacy statement. 13. Refund Policy: All software products are fully refundable within thirty days of purchase. Purchases of maintenance and support for subsequent years are non-refundable. Fulcrum Biometrics, M&S Agreement- Proprietary and Confidential rev. 1.13.23 Page 5 of 7 L/VUUJIIyII CIIVCIUyU IL). U'#rCVI,UU-/ 0UC-+CC0-DZ1UJ-/'# 1Z1UD1rlUJrC I understand the terms, conditions, policies, and limitations of the Fulcrum Biometrics Support & Maintenance Subscription Service Plan. Acceptance of the specific plan also requires signatures in Appendix A. CITY OF FRESNO, a California municipal corporation O*pu$igned by: By il 1/26/2023 Lsw A. White City Manager APPROVED AS TO FORM: ANDREW JANZ City Atkorne� DocuSlgn by: By Jb�'� � (hW1/26/2023 iWFVTollet Date Supervising Deputy City Attorney ATTEST: TODD STERMER, CMC City Clerk DocuSigned by: B 1/26/2023 20364E3 .. Date CITY: City of Fresno Attention: Michael Torosian, Senior Human Resource/Risk Analyst 2600 Fresno Street, Room 1030 Fresno, CA 93721 Phone: (559) 621-6971 FAX: (559) 457-1094 FULCRUM BIOMETRICS By: /�a 44 ,e/Q Name. Ken Nosker Title: CEO (If corporation or LLC, Board Chair, Pres. or Vice Pres.) Any Applicable Professional License: Fulcrum Biometrics is a CaIDoJ Certified LiveScan Vendor. SERVICE PROVIDER: FULCRUM BIOMETRICS Attention: Kathleen Erickson, Account Manager 16108 University Oak San Antonio, Texas 78249 Phone: (210) 742-9054 Toll Free: (800) 430-4601 FAX: (20) 257-5769 Place support tickets online at http://support.fulcrumbiometrics.com. Fulcrum Biometrics, M&S Agreement- Proprietary and Confidential rev.1.13.23 Page 6 of 7 UUVUJIIy. I I CI IV CIUpV IU. U4rr-VULJU-f 171, Df HUJrC Fulcrum Biometrics Maintenance & Support (M&S) Subscription Service Plan APPENDIX A — Software Product Agreement I ST YEAR'S SUCCEEDING QUANTITY ANNUAL M&S YEARS' PRICE PRODUCT NAME PURCHASED M&S PRICE _ PRICE (PER YEAR)* FbF LiveScan CAA System 1 $749 $749 $749 Barcode Reader Bundle 1 $50 $50 $50 -T TOTAL DUE PER YEAR ON EAD $799 Date of Purchase Effective Anniversary Date. (EAD) The due date of M&S payments for all licenses associated with subscriber account. I understand that our organization will enjoy the benefits of being subscribed to Fulcrum Biometrics' Maintenance & Support service as described herein for one year from the date of purchase. At or before the Effective Anniversary Date a fee must be paid to renew the annual subscription. Signature Subscriber Name { (Printed) Title Date *Fulcrum Biometrics reserves the right to adjust M&S pricing. See #1. Fulcrum Biometrics, M&S Agreement- Proprietary and Confidential rev.1.13.23 Page 7 of 7