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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any <br />United States county, borough, commonwealth, city, municipality, town, township, special purpose district, <br />or other similar type of governmental instrumentality established by the laws of Customer's state and <br />located within Customer's state's jurisdiction and geographic boundaries. <br />"Tribal Entity" means a federally -recognized tribal entity performing tribal governmental functions and <br />eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian <br />tribe. <br />"Use Rights" means, with respect to any licensing program, the use rights or terms of service for each <br />Product and version published for that licensing program at the Volume Licensing Site, The Use Rights <br />supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a <br />Product. The Use Rights for Software are published by Microsoft in the Product Terms, The Use Rights for <br />Online Services are published in the Online Services Terms. <br />"Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor• site. <br />2. Order requirements. <br />a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 <br />Qualified Users or Qualified Devices, The Initial order must^include at least 250 Licenses for <br />Enterprise Products or Enterprise Online Services. <br />(I) Enterprise commitment. Enrolled Affiliate must .order enough Licenses to cover all <br />Qualified Users or Qualified Devices, depending on the License Type, with one or more <br />Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise <br />Online Services (as long as all Qualified Devices not covered by a License are only used <br />by users covered with a user License). <br />(i I) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled <br />Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online <br />Services. <br />b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled <br />Affiliate may order Additional Products. <br />c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has <br />more restrictive use rights than the version that is current at the start of the applicable initial or <br />renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled <br />Affiliate's use of that Product during that term. <br />d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used <br />on its initial order and on any additional orders. <br />e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United <br />States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be <br />submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled <br />Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the <br />Reseller based on those terms, Throughout this Agreement the term "price" refers to reference <br />price. Resellers and other third parties do not have authority to bind or impose any obligation <br />or liability on Microsoft. <br />f. Adding Products. <br />(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise <br />Online Services may be added at any time by contacting a Microsoft Account Manager or <br />Reseller. New Additional Products, other than Online Services, may be used if an order is <br />placed in the month the Product is first used. For Additional Products that are Online <br />Services, an initial order for the Online Service is required prior to use. <br />EA2016EnrGov(l}S)5LG(ENG)(Nov2016) Page, 3 of 10 <br />Document X20-10634 <br />