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2006-087
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2006-087
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Last modified
7/1/2016 3:04:29 PM
Creation date
9/30/2015 9:35:06 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/21/2006
Control Number
2006-087
Agenda Item Number
7.E.
Entity Name
NC4 Public Sector, LLC
Subject
software license,maintenance and services agreement
purchase order no. 4500037673
Supplemental fields
SmeadsoftID
5518
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1 .5 "Fees" means, collectively, the license fees for the Software, the Maintenance Fee and any other fees <br /> payable by Licensee or the Grant Administrator to NC4 pursuant to this Agreement. <br /> 1 .6 "Maintenance Fee" means the fees payable for the Support. <br /> 1 .7 "Order Form" means a service order form issued by NC4 when additional services or products are <br /> requested by Licensee and quoted by NC4. The Order Form is merely one manner in which additional services and <br /> products may be quoted. <br /> 1 .8 "Redundancy" means the Optional Web Hosting Services as described in section 4 . <br /> 1 .9 "Services" means work performed by NC4 for Licensee pursuant to a Statement of Work, or an alternative <br /> ordering document acceptable to NC4, agreed to by the parties in writing. The schedule for Services will be <br /> mutually agreed upon by the parties and stated in the Statement of Work. <br /> 1 . 10 "Software" means the E Team incident management software application described in the Proposal or <br /> applicable Order form in object code form only. <br /> 1 . 11 "Specifications" means the functional specifications described in the user manuals or other specification <br /> documents delivered by NC4 to Licensee. <br /> 1 . 12 "Statement of Work" means the document provided to Licensee by NC4, and signed by both paries, that <br /> describes any future Optional Services and/or Additional Services agreed to be performed by NC4 and authorized in <br /> writing by Licensee, as the case may be. Each Statement of Work shall be governed by this Agreement and shall <br /> reference the Effective Date. In the event that the parties agree to forego a separate Statement of Work, the Order <br /> Form shall operate as the Statement of Work. <br /> 1 . 13 "Support" shall have the meaning set forth in Section 3 . 1 . <br /> 1 . 14 "User" shall mean any end user authorized by Licensee to access the Software including, but not <br /> necessarily limited to: Licensee' s employees, agents or representatives; any emergency staff or agency, including <br /> police, fire, paramedic, public health, hospital(s), or other emergency personnel or entity necessary to use the <br /> Software for emergency management purposes; or any community organization involved in the emergency <br /> management or corresponding recovery effort. It prohibits any use of the License by any private "for profit" <br /> company, agency or corporation. Use of the Software by an authorized User shall not be deemed to be a sublicense. <br /> 2. Software License. <br /> 2. 1 License Grant. Subject to the terms and conditions of this Agreement, NC4 hereby grants to Licensee a <br /> non-exclusive, nontransferable (except as otherwise stated herein), non-assignable license, without the right to grant <br /> sublicenses, to use the object code of the Software. The license granted in this Section 2. 1 shall also include <br /> modifications to the Software that NC4 may make pursuant to Services that Licensee purchases from NC4. <br /> Until such time that the Grant Administrator has fully paid all license and other fees as specified in the <br /> Purchase Order, the term of the licenses granted hereunder shall be temporary and subject to termination by NC4. <br /> Upon the Grant Administrator's payment in full of the sums under the Purchase Order, the Software license issued <br /> to Licensee under the Project shall be perpetual Dual Processor Site License. <br /> 2.2 Use Restrictions. Licensee shall not, either directly or indirectly: <br /> (a) install the Software on any server or at any site other than those designated by Licensee to NC4; <br /> (b) exceed the number of permitted Users of the Software (if any) set forth in the Proposal; <br /> NC4 Public Sector LLC 2 <br /> Standard License Agreement ( 10.05) <br />
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