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25G - AGMT MICROSOFT SOFTWARE
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25G - AGMT MICROSOFT SOFTWARE
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Last modified
1/16/2020 6:58:17 PM
Creation date
1/16/2020 6:20:27 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25G
Date
1/21/2020
Destruction Year
2025
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(1t) 11 may pay only amounts due as of the. leiminalion date, in which case the Enrolled Affiliate <br />will have perpetual Licenses for: <br />1) all copies of Products (Including the latest version of Products ordered tinder SA <br />coverage In the cunent lean) for which payment has been made in full, and <br />2) the number of copies of Products it has ordered (including the latest version of <br />Products ordered under Software Assurance coverage in current term) that is <br />proportional to the total of installment payments paid versus total amounts due (paid <br />and payable) if the early termination had not occurred. <br />(ill) In the case of early termination under subscription Enrollments, Enrolled Affiliate will have <br />the following options: I <br />-1) For eligible Products, Enrolled Affiliale may obtain perpetual Licenses as described In <br />tile section of the Enrollment tilled "Buy-out option," provided that Microsoft receives <br />the buy-out order for Ihose Licenses within 60 days after Enrolled Affiliate provides <br />notice of termination. <br />2) In the event of a breodi by Microsoft, II Customer chooses not to exercise a buy -ad <br />option, Microsoft will Issue Enrolled Affilaile a credit for any amount paid in advance <br />for Subscription Licenses that the Enterprise will not be able to use to do the <br />lormination of the EnrollMent. <br />I <br />Nothing in this section shall affect perpetual License rights acqulred either in a separate <br />agreement or in a prior term of the terminated Enrollment. <br />if. Effect of termination or expiration. NA en an Enrollment expires or Is terminated, <br />(1) Enrolled Affiliate must order ILicenses for all copies of Products It has rum for which it has <br />not previously submitted an order. Any and all unpaid payments for any order of any kind <br />remain due and payable. Except as provided In the subsection titled"Early termination," all <br />unpaid payments for Licenses Immediately become due and payable, <br />(II) Enrolled Affiliate's right to Software Assurance benefits under this Agreement ends if it <br />does not renew Software Assurance. <br />g. Modification or termination of an Online Service for regulatory reasons. Microsoft may <br />modify or terminate an Online. Service where [here Is any current or future government <br />requirement or obligation that: �1) subjects Microsoft to arty regulation or requirement riot <br />generally applicable to businesses operating In the Jurisdiction; (2) presents a hardship for <br />Microsoft to continue operating the Online Service without modification; and/or (3) causes <br />Microsoft to believe these terms or the Online Service may conflict with any such requirement <br />or obligation. <br />It. Program updates. Microsoft may make changes to this program that will make it necessary <br />for Customer and its Enrolled Affiliates to enter Into new agreements and Enrollments at the <br />time of an Enrollment renewal. , <br />Use, ownership, rights, and restrictions. <br />a. Products. Unless otherwise specified In a supplemental agreement, Lisa of any Product is <br />governed by the Use Rights s0ecific to each Product and version and by the terms of the <br />applicable supplemental agreement. <br />b. Fixes. Each Fix is licensed under the same terms as (he Product to which it applies. If a Fix is <br />riot provided for a specific. Product, any use rights Microsoft provides with the Fix will apply. <br />c. Non -Microsoft software and technology. Enrolled Affiliate is solely responsible for any non - <br />Microsoft software or technology that it Installs or uses with the Procklcts or Fixes. <br />@AZUIUA(ii(US)SLG(LNG)(Nov2e16) Pape 0 of iI <br />Doaimenl X20-Ie2Ua <br />
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