This document is a “Product Attachment” as defined in the General Terms entered into by Client and Active and is subject to and incorporates by reference the provisions of the General Terms. This Product Attachment is effective the earlier of (i) the date it is “accepted” (in accordance with the Preamble to the General Terms), or (ii) the date Client downloads, installs, accesses or uses the Payment Manager mobile application software and any associated documentation and Enhancements (as defined below) provided with this Product Attachment (collectively, the “Application”). Any capitalized terms not defined herein have the meaning ascribed to them in the General Terms. Client agrees to be bound by the terms set forth herein. If Client does not agree to these terms, Active does not license Client any right to use or access the Application and Client may not install, access, use or copy the Application.
1. SERVICES. Active will provide licenses, permits, bill payment, merchandise sales, and payment processing (together, the “Services”), including without limitation access to its SaaS. Client agrees to cooperate with Active and to provide Active with certain information relating to Client’s organization as necessary for Active to provide the Services and SaaS. SaaS provided hereunder are deemed delivered when access is made available to Client.
2. LICENSE TO INTELLECTUAL PROPERTY/PROMOTION.
3. LIMITATIONS ON LICENSE. In addition to the restrictions set forth in Section 3.2 of the General Terms and Section 2 of this Product Attachment, the license granted to Client in this Product Attachment is also restricted as follows:
4. INFORMATION COLLECTION.
6. TERM AND TERMINATION.
Client’s obligations and all amounts payable hereunder are contingent upon sufficient appropriations therefore by Client’s Governing Body. If sufficient appropriations are not made, Client will notify Active of the same, and this Agreement will terminate forthwith. Client represents that it intends to fulfill its obligations under this Agreement and reasonably believes that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated and made available for this purpose. In the event funds are not appropriated in amounts sufficient to fulfill these obligations, Client shall use its best efforts to satisfy any requirement for payment from any other source of funds legally available for this purpose. Notwithstanding the foregoing, Client shall notify Active within ten (10) days of any action by Client's governing body not to appropriate funds for payment of Client's obligations hereunder, and will provide with such notice a copy of the resolution, minutes or recording of such action.
8. MAINTENANCE SERVICES.
10. HARDWARE. Active and other third parties (including, without limitation, our resellers and/or distributors) may, from time to time and in Active’s/their discretion, sell or lease hardware for use with the Application. All such hardware sales/leases and the terms and conditions thereof will be subject to a separate written agreement between Client and the seller/lesser of such hardware. None of the terms contained in this Product Attachment will apply to such sale/lease.
11. ADDITIONAL APPLE AND GOOGLE TERMS.