Common use of Application Software Clause in Contracts

Application Software. 3.5.1 Contractor must provide periodic Software Updates (“Updates”) to the Application Software to keep current with Contractor’s technology standards, industry standards, and Federal and California state mandates, and to maintain compatibility with the Solution Requirements, and with Third-Party Software, upgrades, updates, patches, bug fixes, etc. Contractor must timely deliver all Software Updates to the County, in accordance with this SLA and in coordination with County Project Manager. 3.5.2 Without limiting the other provisions of the Contract including, without limitation, the provisions of this SLA, such Updates must be provided to the County at least twice every year, unless otherwise agreed-to by the County and Contractor. Contractor must notify the County, at least two weeks in advance, of all such updates to the Application Software prior to the anticipated installation date thereof. Contractor must test updates in the Test Environment. The County will assess impacts to its business processes, if any, and verify whether the updates were tested successfully. If so, Contractor must proceed with transitioning updates to the Production Environment. If not, Contractor must conduct additional testing, until the County verifies successful testing. 3.5.3 Notwithstanding, the County may choose at its sole discretion to not implement a particular Software Update. Contractor and the County will discuss the impacts and risks to the County, if any, for not implementing a particular Software Update. Contractor must roll back any Software Update to its prior version, as instructed by the County, when severe issues arise. Contractor must provide the County with a clearly defined configuration management plan (e.g., version control and source code control processes). 3.5.4 Contractor’s provision and installation of Software Updates (as defined in Paragraph 2.1.56 of the Contract) to the Application Software and all Third- Party applications are provided as part of Contractor’s annual M&S service delivery and will be at no additional cost to the County. 3.5.5 Any Updates necessary to remedy security problems in the System (e.g., closing “back doors” or other intrusion-related problems) must be provided promptly following Contractor’s knowledge of such problems. The County must also be notified in writing within 24 hours of Contractor’s knowledge of the existence of any intrusions or other security problems or breaches that may affect the integrity of the System Data or any other County data, subject to the provisions specified in Paragraph 19 (Security) of the Contract. 3.5.6 Contractor must install all CAD Application software security patches not later than 14 Days from the time when Contractor is notified by either: 1) a Third- Party Software company, or 2) Department’s data security office.

Application Software. 3.5.1 3.2.1 Contractor must provide periodic Software Updates (“Updates”) to the Application Software to keep current with Contractor’s hosting technology standards, industry standards, and Federal and California state mandates, and to maintain compatibility with the Solution Requirements, and with Third-Party Software, Software (including specialty algorithms) upgrades, updates, patches, bug fixes, etc. Contractor must timely deliver all Software Updates to the County, in accordance with this SLA and in coordination with County Project Manager. 3.5.2 3.2.2 Without limiting the other provisions of the Contract including, without limitation, the provisions of this SLA, such Updates must be provided to the County at least twice every year, unless otherwise agreed-to by the County and Contractor. Contractor must notify the County, at least two weeks in advance, County of all such updates to the Application Software prior to the anticipated installation date thereof. Contractor must test updates in the Test Environment. The County will assess impacts to its business processes, if any, and verify whether the updates were tested successfully. If so, Contractor must proceed with transitioning updates to the Production Environment. If not, Contractor must conduct additional testing, until the County verifies successful testing. 3.5.3 3.2.3 Notwithstanding, the County may choose at its sole discretion to not implement a particular Software Update. Contractor and the County will discuss the impacts and risks to the County, if any, for not implementing a particular Software Update. Contractor must roll back any Software Update to its prior version, as instructed by the County, when severe issues arise. Contractor must provide the County with a clearly defined configuration management plan (e.g., version control and source code control processes). 3.5.4 3.2.4 Contractor’s provision and installation of Software Updates (as defined in Paragraph 2.1.56 2.1.55 of the Contract) to the Application Software and all Third- Party applications and algorithms are provided as part of Contractor’s annual M&S service delivery and will be at no additional cost to the County. 3.5.5 3.2.5 Any Updates necessary to remedy security problems in the System (e.g., closing “back doors” or other intrusion-related problems) must be provided promptly following Contractor’s knowledge of such problems. The County must also be notified in writing within 24 hours of Contractor’s knowledge of the existence of any intrusions or other security problems or breaches that may affect the integrity of the System Data or any other County data, subject to the provisions specified in Paragraph 19 (Security) of the Contract. 3.5.6 3.2.6 Contractor must install all CAD RPS Application software security patches not later than 14 Days from the time when Contractor is notified by either: 1) a Third- Party Software company, or 2) Department’s data security office.