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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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fully in advance. Customer shall reimburse FireEye for any and all expenses incurred so long as such expenses <br />are directly attributable to the Services or Subscriptions performed for or provided to Customer. FireEye will <br />provide appropriate vouching documentation for all expenses exceeding $25. If any payment is more than <br />fifteen (15) days late, FireEye may, without limiting any remedies available to FireEye, terminate the applicable <br />Order or Statement of Work or suspend performance until payment is made current. Customer will pay interest <br />on all delinquent amounts at the lesser of 1.5% per month or the maximum rate permitted by applicable law. All <br />Fees are exclusive of all present and future sales, use, excise, value added, goods and services, withholding and <br />other taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental <br />authority upon the Offerings which shall be invoiced to and paid by the Customer. If Customer is required by law <br />to make any deduction or withholding on any payments due to FireEye, Customer will notify FireEye and will pay <br />FireEye any additional amounts necessary to ensure that the net amount FireEye receives, after any deduction <br />or withholding, equals the amount FireEye would have received if no deduction or withholding had been <br />required. Additionally, Customer will provide to FireEye evidence, to the reasonable satisfaction of FireEye, <br />showing that the withheld or deducted amounts have been paid to the relevant governmental authority. For <br />purposes of calculating sales and similar taxes, FireEye will use the address set forth on the Order or Statement of <br />Work, as applicable, as the jurisdiction to which Offerings and shipments are delivered unless Customer has <br />otherwise notified FireEye in writing as of the Order Effective Date or Statement of Work Effective Date, as <br />applicable. Customer will provide tax exemption certificates or direct -pay letters to FireEye on or before the Order <br />Effective Date or Statement of Work Effective Date, as applicable. FireEye reserves the right to increase Fees at <br />any time, although increases in Fees for Subscriptions or Support Services will not go into effect until the next <br />Renewal Subscription Term or Renewal Support Term, as applicable. <br />4. TITLE AND RISK OF LOSS; INSPECTION. All hardware, including Products and any hardware provided for <br />use with Subscriptions and/or Services, is shipped FOB Origin (FCA) from FireEye's designated manufacturing <br />facility or point of origin, and title to such hardware and the risk of loss of or damage to the hardware shall pass <br />to Customer at time of FireEye's delivery of such hardware to the carrier. FireEye is authorized to designate a <br />carrier pursuant to FireEye's standard shipping practices unless otherwise specified in writing by Customer. <br />Customer must provide written notice to FireEye within five (5) days of delivery of the Products of any non- <br />conformity with the Order, e.g., delivery of the wrong Product or incorrect quantities. <br />TERMS APPLICABLE TO OFFERINGS. <br />5.1. Products and Support Services. Customer's purchase and use of each Product and Support <br />Services for each Product will be subject to the licenses and terms specific to each Product set forth in Exhibit A. <br />5.2. Subscriptions. Customer's purchase of and access to each Subscription will be subject to the terms <br />specific to each Subscription set forth in Exhibit B. <br />5.3. Training. Customer's purchase of Training will be subject to the terms in this Section 5.3. Training <br />delivery dates and location for such Training will be mutually agreed upon by the parties. If an Order does not <br />specify such dates and/or locations, then the parties will mutually agree upon the dates and locations for <br />Training. Customer must request rescheduling of Training no less than two (2) weeks in advance of the scheduled <br />start date. FireEye will use reasonable efforts to reschedule the Training, subject to availability, and Customer will <br />pay any expenses associated with the rescheduling, including any expenses associated with cancelling or <br />changing travel plans. If Customer cancels attendance at a public Training class, Customer must notify FireEye <br />no later than two (2) business days before the date of the Training class. If Customer timely notifies FireEye of the <br />cancellation, FireEye will issue Customer a credit for the amount paid for that public Training class, which <br />Customer may apply toward another public Training class held within one (1) year of the date of the Order on <br />which the cancelled Training class was included. Customer may substitute a named attendee at a public <br />Training class, but Customer will notify FireEye in advance of any such substitution. FireEye reserves the right to <br />refuse admittance to public Training classes to any person, for any reason, and if FireEye refuses admittance, <br />FireEye will refund the amount paid for that person's attendance at the public Training class. FireEye does not <br />refund or credit Fees paid for attendees who do not attend Training classes or who leave before a Training class <br />concludes. If Customer purchases a block of Training hours (for example, 10 hours of Training), then Customer <br />must use those hours within one (1) year of the effective date of the applicable Order. All Training must be <br />scheduled and conducted within one (1) year of the date of the applicable Order for that Training. <br />Confidential FireEye Rev. 8/2016 <br />Page 3 <br />
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