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25C - AGMT - MICROSOFT SOFTWARE
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25C - AGMT - MICROSOFT SOFTWARE
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1/12/2017 4:00:49 PM
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1/12/2017 3:33:55 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Information Technology
Item #
25C
Date
1/17/2017
Destruction Year
2022
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b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew <br />Products by renewing this Enrollment for one additional 36 -month term or by signing a new <br />Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal <br />order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. <br />Microsoft may make changes to this program that will make it necessary for Customer and its <br />Enrolled Affiliates to enter into new agreements and Enrollments at renewal. <br />c. If Enrolled Affiliate elects not to renew. <br />(1) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any <br />Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software <br />Assurance later without first acquiring a new License with Software Assurance.- <br />(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible <br />for an Extended Term in the Product Terms, the following options are available at the end <br />of the Enrollment initial or renewal term. <br />1) Extended Term. Licenses for Online Services will automatically expire in accordance <br />with the terms of the Enrollment. An extended term feature that allows Online Services <br />to continue month -to -month ( "Extended Term ") for up to one year, unless designated <br />in the Product Terms to continue until cancelled, Is available. During the Extended <br />Term, Online Services will be Invoiced monthly at the then- current published price as <br />of the Expiration Date plus a 3% administrative fee if Enrolled Affiliate wants an <br />Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days <br />prior to the Expiration Date. <br />2) Cancellation during Extended Term, At any time during the first year of the <br />Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a <br />notice of cancellation to Microsoft for each Online Service. Thereafter, either party <br />may terminate the Extended Term by providing the other with a notice of cancellation <br />for each Online Service. Cancellation will be effective at the end of the month following <br />30 days after Microsoft has received or issued the notice. <br />(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If <br />Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as <br />of the Expiration Date. Any associated media must be uninstalied and destroyed and <br />Enrolled Affiliate's Enterprise must discontinue use. Microsoft may request written <br />certification to verify compliance. <br />d. Termination for cause. Any termination for cause of this Enrollment will be subject to the <br />"Termination for cause" section of the Agreement. In addition, it shall be a breach of this <br />Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government <br />Community Cloud Services fails to meet and maintain the conditions of membership in the <br />definition of Community. <br />e. Early termination. Any early termination of this Enrollment will be subject to the "Early <br />Termination" Section of the Enterprise Agreement. <br />For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an <br />Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid <br />in advance for the period after termination. <br />6. Government Community Cloud. <br />a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud <br />Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use <br />Government Community Cloud Services solely in its capacity as a member of the Community <br />and, for eligible Government Community Cloud Services, for the benefit of end users that are <br />members of the Community. Use of Government Community Cloud Services by an entity that <br />is not a member of the Community or to provide services to non - Community members is strictly <br />EA2016EnrGov (US)SLG(ENG)(Nov2016) Page 6 of 10 <br />25C-33 Document X20 -10634 <br />
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