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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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platform of the NC4 product, Licensee will be responsible for all renewals of Domino maintenance and support <br /> necessary to receive Lotus Domino updates, etc. <br /> 4. Optional Services. <br /> 4. 1 Web Hostine. Services. The initial Purchase Order includes annual Web Hosting backup ("Web Hosted <br /> Services") which shall be used for backup purposes only. For purposes of this section, "backup purposes" means <br /> reasonable and ordinary backup or archival copy of the data or primary use for a limited period if the Software is <br /> nonfunctional or for disaster recovery purposes. While Web Hosted Services are purchased, and subject to the <br /> terms and conditions in this Agreement, NC4 grants to Licensee a limited, nontransferable, nonexclusive license for <br /> the term of this Agreement to access over the Internet and use the Web Hosted Services solely as a to backup <br /> Licensee's use of the Software in the normal course of business. <br /> 4.2 Web Hosted Services Fee. The initial purchase price under the Purchase Order includes one ( 1 ) year of the <br /> annual Web Hosted backup to Licensee, which will be paid by the Grant Administrator in accordance with the <br /> Purchase Order. Thereafter, NC4 will invoice Licensee directly for on-going web-hosted backup services. NC4 <br /> may, in its sole discretion, discontinue backup services to Licensee if the annual fees are not renewed and kept in <br /> current status. NC4 reserves the right to change the renewal fee for web-hosted backup at the end of the then- <br /> current renewal term, upon thirty (30) days prior written notice to Licensee (which may be given via email). <br /> 4.3 Restrictions on Use. Licensee shall not, directly or indirectly, (i) license, sell, lease or otherwise transfer the <br /> Web Hosted Services, (ii) alter, modify, translate or create derivative works based on the Software, or permit a third <br /> party to do any of the foregoing; (iii) process or permit to be processed the data of any third party; (iv) use or permit <br /> the use of the Web Hosted Services in the operation of a service bureau, timesharing arrangement or otherwise for <br /> the benefit of a third party; or (v) disassemble, decompile, reverse engineer or otherwise attempt to derive source <br /> code or other trade secrets from the Web Hosted Services. <br /> 4.4 Use of Data. Licensee shall be solely responsible for collecting, inputting and updating all Data related to <br /> Licensee's use of the Web Hosted Services. Licensee shall ensure that the Data does not include anything that <br /> actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual <br /> property right of any third party; contains anything that is obscene, defamatory, harassing, offensive, malicious or <br /> which constitutes child pornography; or otherwise violates any other right of any third party. <br /> 4.5 Termination. Either party may terminate the Web Hosted Services in accordance with Section 12.2 . Upon <br /> termination, NC4 shall cease all Web Hosted Services, and Licensee shall pay NC4 for Web Hosted Services <br /> performed prior to the date of termination. <br /> 5. Additional Services. <br /> In the event Licensee desires to purchase Additional Services under this Agreement, NC4 will provide Licensee with <br /> a written Order From or Statement of Work reflecting the Additional Services and charges for such Additional <br /> Services. When such Additional Services are requested, this Section 5 shall apply. <br /> 5. 1 Statements of Work. By entering into a Statement of Work with NC4, Licensee may retain NC4 to modify, <br /> customize or enhance the Software or to provide implementation, training, and other services relating to the <br /> Software. Licensee shall complete an order form in substantially the same form as the Order Form, or an alternative <br /> ordering document acceptable to NC4, requesting the Services before commencement of Services under a mutually <br /> agreed upon Statement of Work. <br /> 5.2 Payment for Services. Unless otherwise expressly specified in the applicable Statement of Work, NC4 shall <br /> provide the Services to Licensee on a "time and materials basis" at rates set by NC4 at the time the Services are <br /> provided. For the purposes of this Agreement, "time and materials basis" means that Licensee shall pay NC4 for <br /> time spent performing the Services, and shall reimburse NC4 for expenses as set forth in Section 5 .3 . Any monetary <br /> amount stated in the applicable Statement of Work for Services shall be an estimate only for Licensee's budgeting <br /> NC4 Public Sector LLC 4 <br /> Standard License Agreement ( 10.05) <br />
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