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Last modified
10/27/2015 9:35:10 AM
Creation date
10/1/2015 5:10:32 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/15/2013
Control Number
2013-007
Agenda Item Number
8.B.
Entity Name
SHI Microsoft
Subject
Microsoft Enterprise Agreements Renewal
Supplemental fields
SmeadsoftID
11775
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cancelled and will terminate as of the Expiration Date . Any associated media must be <br /> uninstalled and destroyed and Enrolled Affiliate' s Enterprise must discontinue use . <br /> Microsoft may request written certification to verify compliance. <br /> ( iv) Customer Data . Upon expiration or termination of a License for Online Services , <br /> Enrolled Affiliate must tell Microsoft whether to : <br /> 1 ) disable its account and then delete its Customer Data (" Data Deletion ") ; or <br /> 2) retain its Customer Data in a limited function account for at least 90 days after <br /> expiration or termination of the License for such Online Service (the " Retention <br /> Period") so that Enrolled Affiliate may extract its Customer Data . <br /> 3 ) If Enrolled Affiliate indicates Data Deletion , Enrolled Affiliate will not be able to extract <br /> its Customer Data . If Enrolled Affiliate indicates it wants a Retention Period , Enrolled <br /> Affiliate will be able to extract its Customer Data through Microsoft's standard <br /> processes and tools , and Enrolled Affiliate will reimburse Microsoft if there are any <br /> applicable costs to the extent allowed by applicable law. If Enrolled Affiliate does not <br /> indicate either Data Deletion or a Retention Period , Microsoft will retain Enrolled <br /> Affiliate's Customer Data in accordance with the Retention Period . <br /> 4) Following the expiration of the Retention Period . Microsoft will disable Enrolled <br /> Affiliate' s account and then delete its Customer Data . <br /> 5) Enrolled Affiliate agrees that, other tl 'an as :described above,.° Microsoft has no <br /> IN NI <br /> obligation to continue to hold , export mor return Enrolled Affiliates Customer Data. <br /> Enrolled Affiliate agrees Microsoft haskno liability whatsoever for deletion of Enrolled <br /> Affiliate! sCtastomer Data pursuantAoi these term; 4 <br /> �� 3T14, <br /> k A <br /> d . Termination s , IN IINI <br /> ( i) 4Tetminataon £ for cause 11 1 <br /> Either party to an, Enrollm!ent mayNterminatg , t ifthe <br /> ° ` other party rnaenally' breaches its ,obligatonsunder this agreement , including <br /> Inc any obligation ,ao4 subrnitorders or `pay invoices"% eNnNN%(evNkI <br /> en if such"° non-payment is <br /> caused by non-appropriatioWof funs sj Except where the breach is by its nature <br /> not curable within 30 days; ithe Cert minating party ' rnust give "" the other party 30 <br /> days notice and opportunityto cureIN <br /> 1. <br /> . Y <br /> ( ii) �. The parties acknowledge and agree, that the State of Florida ' s performance and <br /> IN <br /> w » obligation to pay under this Agreement is contingent upon an annual <br /> 4 ' ° appropriation by the Legislature. In the In , event fundEs ` are o appropriated <br /> by the <br /> Legislature , the State of Florida will provide 30 days Written , notice to Microsoft of <br /> such non-a ro riation and intent terminateian a licable, Enrollments lii <br /> pp. P y PI? (iii) <br /> ..,. % - <br /> It <br /> Early termination . <br /> If ( 1 ) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft , or <br /> (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be <br /> an Affiliate of Customer, or ( 3) Enrolled Affiliate terminates an Enrollment for non- <br /> appropriation of funds , or (4) Microsoft terminate an Enrollment for non - payment due to <br /> non -appropriation of funds , then the Enrolled Affiliate will have the following options : <br /> ■ It may immediately pay the total remaining amount due , including all installments , in which <br /> case , the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered ; or <br /> • It may pay only amounts due as of the termination date, in which case the Enrolled <br /> Affiliate will have perpetual Licenses for: <br /> 1 ) all copies of Products (including the latest version of Products ordered under SA coverage in <br /> the current term) for which payment has been made in full , and <br /> 2) the number of copies of Products it has ordered (including the latest version of Products <br /> ordered under Software Assurance coverage in current term ) that is proportional to the total of <br /> EA201 1 EnrGov(US) SLG(ENG) (Jul201 1 ) Page 7 of 14 <br /> Document X20-02113 <br />
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