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SOFTWARE ONE, INC.
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Last modified
3/25/2020 12:17:11 PM
Creation date
1/29/2020 11:34:48 AM
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Contracts
Company Name
SOFTWARE ONE, INC.
Contract #
A-2020-008
Agency
INFORMATION TECHNOLOGY
Council Approval Date
1/21/2020
Expiration Date
1/31/2023
Destruction Year
2027
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g, Roorgahizatlons, consolidations tin (I privatize (tons. II the numberoI Llvxmses covered by <br />,an Enrollment changes by more than tall percent as a result of (1) a reorganization, <br />consolidation or privatfaabon of an entlly or an opernling division, (2) a privatization of an <br />Affiliate or an operating division bf Enrolled Affiliate or any of its Affiliates, or (3) a consolidation <br />Including a merger with a third ISarly (het has an exlsling agreement or Enrollment, Microsoft <br />will wort with Enrolled Affiliate In good faith to (latennine how to accommodate Its changed <br />circumstances in the context of Ilia Agreement. <br />Mitring copies of Pf"Oducts and re -Imaging righis. <br />a. General, Enrolled Affiliate mad mall& as many copies of products, as It needs to distribute <br />them within Ilia Enterprise. Cbptos must be true and oompleto (Including Copyright soil <br />trademark polices) from mastencoples obtained from a Microsoft approved fulfillment source. <br />Enrolled Affiliate may use a third party 10 make those copies, but Enrolled Affiliate agrees it will <br />be responsible for any third party, <br />a actions. Enrolled Affillale agrc&s !o make reasonelle eflorf$ <br />to notify its Oril ass, agantsl and any Other Individuals who use file Products Ilia[ (lie <br />Products are licensed from Microsofl and subject to the terms of ihis Agreement. <br />1. Copies for [roliinglevaluation and back-up. for all PrOdeele other than Online Services, <br />Enrolled Affiliate rnay: I'[) use dip to 20 complimentary copies of any licensed product in a <br />dadica[ed training facility on fig premises for purposes or training on that pai9cular Product, (2) <br />use up to 10 complinronlary copies of any Products fora a0alay evolualion period. and (3) use <br />one complimentary copy of any:licensed Product roll back-up or archival purposes for each of <br />its distinct geographic locations, Trials for Online Services may be available If specified in the <br />Use Rights. <br />C. Right to re -imago, In certain cases, re -imaging is permitted using the product rnedla, if the <br />Iviirroscft Product Is licensed (1) from an Original equipment manufacturer (OEM), (2) as a full <br />packaged Product through a recall source, or (3) under Anchor Microsoft program, then media <br />provided under (his Agreeme il!rilay generally be used to create Images for use in place or <br />copies provided through Thal separate source. This right is conditional upOn the following: <br />(I) Separate Licenses must beacqulred from the soporate source for each PrOduc(Ihnt is re - <br />Imaged. <br />(ill) The product, language, version, and campooenis of the copies matte must be Identical to <br />the Product, language, varsios, and all components or the copies they replace end the <br />number Of copies of instances Of file re -imaged Product permitted remains ilia same. <br />(Ili) Except for copies of an operating system and copias of Products licensed under another <br />Microsofl program, Ills Product type (s.(L. Upgrade or full License,) re -imaged awsl he <br />identical to ilia Product type licensetl from the separate source, <br />(iv) Enrolled Affiliate must adhere to any Produel•specifto processes or requirements for re - <br />Imaging Identified Ill Ills Product Terns. <br />Re-imoged products remain subject 10 the teens and use rights of life License acquired from <br />the soparato source. This subsection does not create or extend any Microsoft warranty or <br />support obligation. ' <br />5. Transferring and rerasslgning Licenses. <br />a. Licanso transfer$. License, transfers are not permitted, except that Customer or an Enrolled <br />Affiliate may transfer only ltlfy-paid perpetual Licenses to: <br />(1) an Airliate, or <br />(it) a third party solely hi ronnoclion wilt ills lransrer of hardajare or employees to whom the <br />Licenses have been ussignq(l as pert of (A) a privatization of all Affiliate or agency oral an <br />LTA2dl6+\pi(Va!SLG(F.IJ6}trov2016} 6+o904 o[ 11 <br />❑ncmllanf x2e•1e2oa <br />
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