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10-189.00 Peak Software Systems: Sportsman SQL Reservation Software Peek r Software Systeme)Inc. Agreement for Services and Equipment Purchases ' -504 •� This Agreement,when properly executed,becomes a binding contract between Peak Software Systems,Inc.(Peak)and City of Spokane Valley,WA(Client). Peak agrees to provide the services defined below to Client. Peak will maintain the confidentiality of Client's intellectual property. SportsMan SQL is the sole property of Peak. The software license for SportsMan SQL is valid upon signature of this agreement and payment of the annual or semi-annual SportsMan SQL Customer Care Fee. Services included in the Agreement are updates,technical support,help desk support,and database consultation.The Client agrees to remain current with renewal of the SportsMan SQL Customer Care Plan,while continuing use of the SportsMan SQL software. Peak will provide a mechanism to notify the Client of the SportsMan SQL Customer Care Plan renewal 30 days prior to expiration. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE,PEAK SOFTWARE SYSTEMS,INC.GRANTS NO OTHER WARRANTIES, EXPRESS OR IMPLIED,BY STATUTE OR OTHERWISE,REGARDING THE SOFTWARE,OR THEIR FITNESS FOR ANY PURPOSE. IN NO EVENT SHALL PEAK SOFTWARE SYSTEMS,INC.BE LIABLE FOR ANY SPECIAL,CONSEQUENTIAL,OR OTHER DAMAGES FOR BREACH OF WARRANTY. Product Group Item Description Price SportsMan SportsMan SQL Software; Single-Database,Multi-User license* SQL Software -Requires current SportsMan SQL Customer Care Plan -Core Module: Scheduling,Program and Team Registration 2995.00 -Internet Module: Online Registrations w/customer login 1300.00 -POS Module:POS with Cash Register functions w/Inventory Module 2450.00 -Membership Module:Tracking,Memberships and photo ID 2600.00 -Additional Seats(2) 800.00 SportsMan SQL Fees reflect a 12-month Customer Care Plan renewal period Annual Fee* Customer Care Plan; includes -Core Module 750.00 Software License -Internet Module w/customer login 700.00 Updates,Technical -POS Module w/Inventory Module 1000.00 Support,Initial Phone -Membership Module 500.00 Training -Additional Seats(2) 200.00 Accounting Interface -Interface with Accounting Software 500.00 (optional) Onsite Training -On-site installation,training,and implementation 6500.00 (optional) (Five days--all inclusive with travel and training fees.) Equipment/Supplies Unit Price (optional) SportsMan SQL Total upfront cost $17145.00 Total annual Customer Care $3650.00 *Included seats(concurrent users): Core-3,POS-2,Membership-2;additional seats$400/one-time&$100/year each Peak Software Systems Inc. City of Spokane Valley,WA By: Debbie Nelsen By: Title: VP of Sales Title: PI 5 ' SE ncti Date: 11/10/10 Name: 1419P Mat Date: 11/23/10 Prices current as of 11/29/07. Customer Care Plan price increases will not exceed 10%annually,of which customers will be notified in advance.Customer Satisfaction Guarantee:Peak Software guarantees customer satisfaction completely and will terminate this agreement if Peak staff/software is unable to meet customer needs. Purchase price to be refunded other than onsite training costs. Peak Software Systems,Inc. Voice:(801)572-3570 Email:sales@eeakinfo.com 870 East 9400 South,Suite 201 Fax: (801)572-7834 Web: www.oeakinfo.com Sandy,UT 84094 I0—i81