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Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription
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Item 26 - Agreement with Allied Network Solutions, Inc. for Adobe Software and Subscription
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1/27/2025 5:03:20 PM
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City Clerk
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Agenda Packet
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Information Technology
Item #
26
Date
1/21/2025
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technologies <br />Channel Software Module <br />U.S. Public Sector <br />1. INTRODUCTION <br />1.1. This Module for CA Software ("Software Module") specifies terms and conditions which apply to CA Software that CA will license to <br />Ordering Activity and the Support that applies. <br />1.2. This Software Module incorporates by reference the terms of the Foundation Agreement. Any capitalized terms used in this Software <br />Module shall have the meanings given in the Foundation Agreement unless otherwise provided herein. <br />2. DEFINITION <br />2.1. "Access" means use of CA Software remotely by an Authorized End User. <br />2.2. "Authorized End Users" means Ordering Activity as well as its employees and support contractors (but excluding any outsourcer, <br />facilities management providers, managed service provider, or application service provider) that are bound by terms and conditions <br />no less restrictive than those contained herein and are acting on behalf of Ordering Activity and not a third party. <br />2.3. "Authorized Use Limitation" means the quantity of the CA Software authorized by CA in accordance with the License Metric specified <br />in the order between CA and the Authorized CA Partner. <br />2.4. "CA Software" means the computer software programs, either provided individually or packaged as a software appliance, made <br />generally available and licensed to a Ordering Activity under this Module, including all Versions, Releases, provided as part of Support <br />if applicable. <br />2.5. "Distributed" means the CA Software designated as distributed that is generally used for indepedent usage across individuals systems <br />or hardware based on the Licensed Metric in a decentralized form of computing. <br />2.6. "Mainframe" means CA Software designated as mainframe that is generally used for a large capacity processor that provides links to <br />users through less powerful devices such as workstations or terminals based on the Licensed Metric in a centralized form of <br />computing. <br />2.7. "Maintenance" means the provision of new Releases made available while on active Support or new Versions if applicable to the <br />generally available CA Software licensed by Ordering Activity. <br />2.8. "Perpetual License" means a license to use CA Software for an indefinite period subject to compliance with the Agreement. <br />2.9. "Release" means a general available release of a CA software product, which may contain minor new software product functionality, <br />code, or compatibility and incorporates all previous fixes (if any exist) since the last Version. Typically, a Release requires a new <br />installation, rather than an overlay to the already installed software. Unless otherwise specified by CA for a particular product, a <br />Release is tied to the preceding Version and is typically designated by a number to the right of the decimal point such as 1.1, 1.2, 1.3, <br />etc. <br />2.10. "Subscription" or "UMF" (Usage and Maintenance Fee) license means a license to use CA Software for a specific period of timewhich <br />shall include Support unless otherwise specified by CA in its order with the Authorized CA Partner. <br />2.11. "Support" means the provision of technical support and Maintenance provided for a particular CA Software as specified in the <br />Authorized CA Partner's order with CA. <br />2.12. "Territory" is the location where Ordering Activity is authorized to install the CA Software as specified in the Authorized CA Partner's <br />order with CA or the Prime Contractor. <br />2.13. "Version" means a release of a CA Software Product that contains major changes in software product functionality, code, or <br />compatibility and incorporates the previous release (if one has occurred), fixes and service Packs (if they have occurred). Typically, a <br />Version requires a new installation, rather than an overlay to the already installed software. Unless otherwise specified by CA for a <br />particular product, a Version is designated by the number to the left of the decimal point such as 1.0, 2.0, 3.0, etc. <br />3. SOFTWARE OFFERING & OBLIGATIONS <br />3.1. CA grants the Ordering Activity a limited, non-exclusive, non -transferable license, for the Term: <br />3.1.1. install and deploy the CA Software in the Territory up to the Authorised Use Limitation. <br />3.1.2. permit its Authorized End Users Access to the CA Software for Ordering Activity's and Affiliates' internal business wherever <br />located. Ordering Activity hereby expressly agrees that a breach by an Authorized End User of the Agreement shall be <br />considered to be a breach by and the responsibility of the Ordering Activity. <br />Version PS 1.0 Page 15 of 38 7/23/2014 10:36 AM <br />
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