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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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g, Reorganizations, consolidations and privatizations. If the number of Licenses covered by <br />-an Enrollment changes by more than fen percent as a result of (1) a reorganization, <br />consolidation or privatization of an enlily or an operaling division, (2) a privatization of an <br />Affiliate or an operating division of Enrolled Affiliate or any of its Affiliates, or (3) a consolidation <br />including a merger with a Ihlyd pady that has an existing agreement or Enrollment, Microsoft <br />will work with Enrolled Affiliate in good faith to delonnine how to accommodate its changed <br />circumstances in the context of this Agreement. <br />i <br />41. Making copies of Products and re -imaging rights. <br />a. General. Enrolled Affiliate may make as many copies of Products, as it needs to distribute <br />them within the Enterprise, Copies must be true and complete (including copyright and <br />trademark notices) from maslencopies obtained from a Microsoft approved fulfillment source. <br />Enrolled Affiliate may use a third party to make these copies, but Enrolled Affiliate agrees it will <br />be responsible for any third party's actions, Enrolled Affiliate agrees to make reasonable efforts <br />to nolify its employees, agents and any other Individuals who use the Products that the <br />Products are licensed from Microsoft and subject to the leans of this Agreement. <br />b. Collies for traininglevaluation and back-up. For all Products other than Online Services, <br />Enrolled Affiliate may; (1) use by to 20 complimentary copies of any licensed Product in a <br />dedicated training facility on its premises for purposes or training on that padiculalProduct, (2) <br />use up to 10 complimentary copies of any Products for a 00-day evaluation period, and (3) use <br />one complimentary ropy of any licensed Product for back-up or archival purposes for each of <br />Its distinct geographic locations. Trials for Online Services may be available if specified in file <br />Use Rights. <br />c. Right to re -Image. In certain cases, re -imaging is permitted using the Product media. If the <br />Microsoft Product is licensed (1) from an original equipment manufacturer (OEM), (2) as a full <br />packaged Product through a retail source, or (3) under another Microsoft program, then media <br />Provided under this Agreemenllmay generally be used to create Images for use in place of <br />copies provided through that separale source. This right is ronditional upon the following: <br />(1) Separate Licenses must be acquired from the separate source for each Product that is re - <br />imaged. <br />(if) The Product, language, version, and components of the copies made must be identical to <br />the Product, language, version, and all components of the copies they replace and the <br />number of copies or instances of file re -imaged Product permitted remains the same. <br />(ill) Except for copies of an operating system and copies of Products licensed under another <br />Microsoft program, the Product type (e.g.. Upgrade or full License) re -imaged must he <br />identical to the Product type licensed from the separate source. <br />(iv) Enrolled Affiliate must adhere to any Product -specific processes or requirements for re - <br />Imaging identified in the Product Terms. <br />Re -imaged Products remain suGjecl to the terms and use rights of the License acquired from <br />the separate source. This subsection does not create m extend arty Microsoft warranty or <br />supped obligation. ' <br />5. Transferring and reassigning Licenses. <br />a. License transfers. License transfers are not permitted, except that Customer or an Enrolled <br />Affiliate may transfer only fully -paid perpetual Licenses lot <br />(I) an Affiliate, or <br />(ii) a third party solely in connection with the transfer of hardware of employees to whom the <br />Licenses have been assigned as part of (A) a privatization of an Affiliate or agency or of an <br />EA201F,itrl(IJ&)SLG(EIJGpJnv201 ry <br />page 4 of 11 <br />Docwnool X20 1a2e0 <br />1 25G-71 <br />
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