Contract No. DIR-TSO-3793
CA offers CA software products and related services through this contract. Available software brands include: CA, ITKO LISA, and Wily.
For a description of the State of Texas DIR Cooperative Contracts Program visit: http://dir.texas.gov/View-About-DIR/Pages/Content.aspx?id=41
CA participates in the State of Texas DIR Cooperative Contracts Program.
View/Download the CA contract with the State of Texas DIR
Note: CA contract is inclusive of: 1) Contract for Products and Related Services; 2) Appendix A; 3) Appendix B: HUB Subcontracting Plan; 4) Appendix C: Pricing Index and; 5) Appendix D: Foundation Agreement and Modules.
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Warranty for CA Licensed Programs
SOFTWARE PERFORMANCE WARRANTY
For Distributed Software. CA warrants that the CA Software as defined in the Transaction Document will operate materially in accordance with the applicable specifications set forth within the Documentation for a period of ninety (90) days after delivery of the CA Software subject to Customer’s compliance with the Agreement.
For Mainframe Software. CA warrants that the Mainframe Software will operate materially in accordance with the applicable specifications set forth within the Documentation for the Term of the Transaction Document, subject to Customer’s compliance with the Agreement.
SOFTWARE PERFORMANCE WARRANTY REMEDY
If CA has breached either warranty set forth in the section entitled: Performance Warranty, Customer’s remedy is for CA to, in consultation with Customer, to either (i) use reasonable efforts consistent with industry standards to cure the defect, or (ii) replace the CA Software(s) with one that materially complies with the Documentation, or (iii) terminate the license and provide a pro-rata refund of the license fees paid and or Support fees. If option (iii) applies, the pro-rata refund shall be calculated on the number of months left remaining on the Term of the applicable Transaction Document or if the CA Software is licensed under a Perpetual License, using (only for purposes of a refund calculation) an amortization schedule of three (3) years. Notwithstanding the foregoing, CA will first use commercially reasonable efforts to repair or replace the software and, if either remedy cannot be accomplished using commercially reasonable efforts, then CA will resort to a pro-rata refund of the fees paid as stated above.
Warranty remedies are conditioned upon (i) any error or defect complained of is reasonably reproducible by CA, (ii) the CA Software is not modified and is being used in accordance with CA Documentation, and (iii) the breach is not attributable in whole or in part to any non-CA product(s) or service(s).
CA DOES NOT WARRANT THAT THE CA SOFTWARE IS ERROR FREE
THE ABOVE WARRANTIES ARE THE SOLE WARRANTIES PROVIDED BY CA. NO OTHER WARRANTIES, INCLUDING THAT THE CA SOFTWARE IS ERROR FREE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR SUITABILITY AND/OR THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE MADE BY CA OR ITS SUPPLIERS.
CA warrants that (i) it will perform the Services as detailed in the applicable SOW; (ii) its instructors will provide Education in a professional workman like manner as described in a Transaction Document; and (iii) any Deliverable provided pursuant to a Transaction Document will conform to the Services Documentation for a period of ninety days (90) ) days from date of delivery.
Customer shall provide written notice of a warranty claim within ninety (90) days of date of delivery (“Notice”) of the Services or Education claimed defective or in the case of a Deliverable, the date of delivery, that gave rise to the warranty claim. If Notice is not provided to CA that a breach occurred and/or if milestone or acceptance forms are signed by Customer, then the Deliverable, Services and/or Education will be deemed delivered in accordance with the warranty obligations.
EXCEPT AS SET FORTH IN THIS SECTION, NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THIRD PARTY WARRANTIES, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND NONINFRINGEMENT AND/OR THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY CA.
CA DOES NOT WARRANT THAT THE CA SOFTWARE IS ERROR FREE.
SERVICES WARRANTY REMEDY
In the event of a breach by CA of the above Warranty section, Customer’s remedy will include, at CA’s discretion and in consultation with Customer, shall be to re-perform the Services and/or Education at no additional charge to Customer or to refund the applicable fees paid which correspond to the Services, applicable Deliverable or Education. These remedies are contingent upon the following: (i) that the Deliverable has not been modified by Customer; and (ii) that the alleged breach did not result from Customer’s failure to abide by its obligations defined in the applicable Transaction Document or for its failure to follow the Services Documentation. Notwithstanding the foregoing, CA will first use commercially reasonable efforts to repair or replace the Services Deliverable and, if either remedy cannot be accomplished using commercially reasonable efforts, then CA will resort to refund of the applicable fees paid.
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