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25C - AGMT - MICROSOFT SOFTWARE
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01/17/2017
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25C - AGMT - MICROSOFT SOFTWARE
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Last modified
1/12/2017 4:00:49 PM
Creation date
1/12/2017 3:33:55 PM
Metadata
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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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`'' Micro),oit Velum® licensing <br />Enterprise Agreement State and Local <br />Not for Use eMh Microsoft .Bushlesa Agreement or Wrosoh Business and Sor*ac S Agreement <br />This Microsoft Enterprise Agreement (` Agreement") is entered into between the entities identified on the <br />signature form. <br />Effective date. The effective date of this Agreement is the earliest effective date of any Enrollment <br />entered.inlo tmdorthis Agreement or the date Microsoft accepts this Agreement, whichever is earlier:.Any <br />reference in this Agreement or an Enrollment to a "day" means a calendar day, except•references that. <br />specify "business day". <br />This Agreement consists of (1) these Agreement aerrns and conditions, including any amendments and <br />the signature form and all attachments identified therein, (2) the Product Terms applicable to Products <br />licensed under this Agreement, (3)'the Online Services Terms, (4) any Affiliate l nrolhnent entered Into <br />under this.Agreament, and (6) any order submitted under this Agreement: <br />Please note. Documents reforenced'in this Agreement but not attached to the signature form may be <br />found at jttD:lfwwwmlcrgsoft.com /licensinci/contracts and are incorporated in this Agreement by <br />reference, including the Product Terris and Use (Tights. These documents may contaln addltiaital terms <br />and conditions for Products licensed under this Agreement antl may be ohanged from time to time. <br />Qust thler.should review such documents. carefully, Both at the tuna of stgninj and periodically thereafter, <br />and fully understand all terns and c9nditlohs applicable to Products licensed. <br />Terms and Conditions <br />1. Definitions. <br />"Affiliate" means <br />a. with regard to Customer, <br />(1) any governmenl agency, department, office, instrumentality, division, unit or other entity <br />of the state or local government that is supervised by or is part of Customer, or which <br />supervises Customer or of which Customer is a part, or which 9s under common <br />supetvislon with Customer; <br />(11) any County, borough, commonwealth., city, mt)nlgipallly, town; township, special purpose <br />district, or olkor similar type of governmental instrarnenlalily established by the laws.of <br />Customer's state and located within Customer's state Jurisdiction and geographic <br />boundaries; and <br />(iii) any other entity in Customer's state expressly authorized by the laws of Customers state <br />to purchase under state contracts; provided that a state and Its Affiliates shall Trot, for <br />purpposes of this definition, be considered to be Affiliates of the federal government and <br />its Affiliates; and <br />b, with regard to Microsoft, any legal entity that Microsoft owns, that owns Microsoft, or that is <br />under common ownership with Microsoft; <br />"Customer means the legal entity that has entered. Into this Agreement with Microsoft; <br />"Customer Date" means all data, including all text, sound, software, image, or video files 'that are provided <br />to Microsoft by, or on behalf of, an Enrolled Affiliate and Its Affiliates through use. of Cnihns Services. <br />"Enrolled Affiliate" means an entity, either Customer or any one of Customer's Affiliates that has entered <br />Into an Enrollment under this Agreement; <br />EA2015Agr(US)8LG(ENG)(Aug2b 15) <br />25C -7 <br />Page 1 of 11 <br />D000111@nfX4-12056 <br />
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