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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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1/21/2025 2:16:24 PM
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City Clerk
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Agenda Packet
Agency
Information Technology
Item #
26
Date
1/21/2025
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11.6.1 only deal with and process personal data controlled by Customer in compliance with, and subject <br />to, the instructions received from Customer and in compliance with this Agreement and will not use or process <br />the personal data for any other purpose whatever; <br />11.6.2 adopt and maintain appropriate (including organizational and technical) security measures in <br />dealing with Customer's personal data in order to protect against unauthorized or accidental access, loss, <br />alteration, disclosure or destruction of such data, in particular where the processing involves the transmission of <br />data over a network, and against all other unlawful forms of processing; and <br />11.6.3 take all reasonable steps to ensure that (i) persons employed by it, and (ii) other persons engaged <br />at its place of work, are aware of and comply with applicable data privacy laws and regulations. <br />11.6.4 FireEye may process or otherwise transfer any personal information in or to any country outside the <br />European Economic Area or any country not deemed adequate by the European Commission pursuant to <br />Article 25(6) to the extent necessary for the provision of the Offerings. If required, FireEye will enter into the EU <br />Standard Contractual Clauses as approved by the European Commission for ensuring an adequate level of data <br />protection in respect of the personal information that will be processed or transferred. <br />12. TERM AND TERMINATION. <br />12.1. Term. <br />12.1.1 Products. Products will be licensed according to the applicable terms in Exhibit A, for the period <br />of time stated on the Order (e.g., if the Order lists a Product as being provided for "3Y," the license for that Product <br />is provided for three years from the date of the Order). If no period of time is stated on the Order, then the Product <br />is licensed perpetually, unless otherwise terminated as set forth herein. <br />12.1.2 Support Services. Support Services will begin ten (10) days from the date of shipment of the <br />associated Product and continue for the period of time stated on the Order("Initial Support Term"). Unless <br />otherwise stated on the Order, the Support Services will automatically renew for additional periods of one (1) <br />year each (each, a "Renewal Support Term" and together with the Initial Support Term, the "Support Term"), <br />unless either party notifies the other of its intention not to renew Support Services at least sixty (60) days prior to <br />the expiration of the then -current Support Term. Customer may terminate Support at any time, for convenience, <br />on thirty (30) days' written notice to FireEye. If Customer terminates Support Services for convenience before the <br />end of the then -current Support Term, Customer will pay any remaining fees owing for the remainder of the then - <br />current Support Term within thirty (30) days of the effective date of termination. <br />12.1.3 Subscriptions. The term of each Subscription will begin on the Order Effective Date and will <br />continue in effect for the period of time stated in the Order ("Initial Subscription Term"). Unless otherwise stated <br />on the Order, the Subscription will automatically renew after its Initial Subscription Term for additional periods of <br />one (1) year each (each, a "Renewal Subscription Term" and together with the Initial Subscription Term, the <br />"Subscription Term"), unless either party notifies the other of its intention not to renew that Subscription at least <br />sixty (60) days prior to the expiration of the then -current Subscription Term. Customer may terminate a Subscription <br />at any time, for convenience, on thirty (30) days' written notice to FireEye. If Customer terminates a Subscription <br />for convenience before the end of the then -current Subscription Term, Customer will pay any remaining fees <br />owing for the remainder of the then -current Subscription Term within thirty (30) days of the effective date of <br />termination. <br />12.1.4 Professional Services; Statements of Work. Professional Services described on an Order will be <br />provided at mutually agreed -upon times, and will continue until complete, unless otherwise terminated as set <br />forth herein. The term of each SOW will be as set forth in that SOW. If no term is expressed in an SOW, then the <br />term of that SOW will begin on the SOW Effective Date and continue until the Professional Services described in <br />that SOW are complete or the SOW is earlier terminated as set forth herein. Unless otherwise stated in a SOW, <br />Customer may terminate a SOW at any time for convenience by giving FireEye at least thirty (30) days' written <br />notice of its intent to terminate the SOW. If Customer terminates an SOW for convenience as set forth in this <br />Section, Customer will pay any amounts owing for Professional Services and Deliverables provided under that <br />SOW up to and including the date of termination. Customer may request that FireEye suspend performing <br />Professional Services during the term of a Statement of Work, and FireEye will suspend such Professional Services <br />within 24 hours of Customer's request. Customer acknowledges that any such suspension will not affect <br />Customer's obligation to pay fees for Professional Services rendered through the date of suspension, and that <br />Confidential FireEye Rev. 8/2016 <br />Page 9 <br />
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