The URL can be used to link to this page

Browse Search

Home My WebLink About20061138.tiff MAY-01-2006 14:37 OCE NORTH AMERICA 6026042286 P.02/18 • OC - Oae North America, Inc . Customer Agreement oivisbes�.Trre►f -- {._C-•o,ntract No: -. _ I Orvtar ihm.so .w Revere. w • I Agreement No: OOOsio76a2 _ TYge._1:21.,--. .-__..R.—_.. Rep No:I 1 • 'lr 4C.a b4 e1N eottat Mett.ilt•ill v'1P ct,:.tist 5441n Onr.',tt,^4 tiaaleshierl9MoCateklarniettk r.d±rgtes:1.Yv`. 1t401:;21teargr;atillW CompenyName: cowries-- Company Name: -se.so mewls- Ga4 ewer ones MA: Contact Name: emm its. Type d ER l l Cleat.saf.n Cranny.nip Dale Nephew Cat antic!maw (check enel Aeekeas: ins N ITN SVE Addles: Aedrl$C Address: . County: se W County: City: Pattie AAfa0 State: Zip: Phone: — ,rr�- aeakrr Stets: eo rip: eRN+ees �'�'' -�'.'i'�41f`•M'x:' .. .�'.IIIFii-•M.w..�.•:.y�ie�►!4r,{N,jt��er�yi.,.�,1_ ' 'I�:,:'I�t. 5........, .. A I memo 71M1 snare i a 1 a i tos. I e - ' CI - - a tl .. leeN . y .� .. a h �. .r,_y ..r trial 0.Irary Cne•a.l �11'yMv;�.^�..-y''4''�15'GdWnl' Ml%eW'r..:.;..yr.�.-�:.':31i::�7:,_i }l=:n • !F.. M:'li.ven Male Hamer Tins I.SR*/ta", , 1 cute'Col Eaton ANON NMI* I !1 M.4.4.4.4-.4.44.4.......4.4.4-.4.44.4.....4.4.4-.4.44.4.4.4-.4.44.4.............r , ... Wean. M +sa I e.nteeenl P3Vilt T. I _ _ Oi:k£OUP.::.r PC:N:ah7reE:::i4I*is summer3htivan or o titz.l.ne)M•r.:`�sti4'.i Mani* s NE441No To _�. C'!4YM III Ns tits Ow CopsC. Aber.4 'WINS Fla•' 4 I _ iTocrndlMt:VSIr aauvtets'Mtkk,;--'• MOO* P* IMI M NO. T. I - OT.. •N• w ti �. ._.. ,,.,��. .. .. . .. - .,,,,;,..t 7. i a:-y-Ma ' ::.:fir',:::.I.,9..r�L 'a aY•.':-tx„1niyf ds.r. •x. k sbMle.t7t1¢' ).:. '!t`.t;; ..:N. >,. . xi?• ... , __ _} 4-....a..,,..t rJ ra.I.Mt.- r��>7t. 4. •-"ca./ -f se•se• ��.w�.e^!874,I�,( v.. .. tS;.:.:t:.-',•y_ -t«.. r .6p`.r,."',i::':Y'..1= ai , r. �� Zlii: l `,M.•+Yaa1/I.IMealglr:fir' � - , r...-..:. I :W�N.S veo7!A97.^.r. _4 rM:y -T JIYi:' Sect�P.tn _ ^��—�`� � .qd' A 1_eew awl Cl.pr a Or a SOFT \ .1e1�... MN IOQt CIF Sean �;e Oat •aN M.nl'A - 8 I sSW WS, O* e Inn e I 00104104 _ow I or Sem II [Ms •Na Wes —0 I law CV Ian WV or ten Otis 0 NI Monty o vim CT San law or es �r1,.Oxee ci se mum v Is".1 ..a r r s,r- alue3 T�_A!'7"z .' t-t.tu1Wti-'In�lt.t.tfllllk.^nsl:r'�. :AupPkinl'CilId1;17:7.1'h':�n'�a.ltdYlalt'':1;1 f' .i7'�:.".... ..1'!';'�;V.��OP6bn7ObHY1R6_ . tt �w� -x. a.•I-.:. Qua Slnaen awlew.040 flat,4.0.104nlrrn gm do aMVa.Ids'M..t _1N•14It•i•:SI7•re �01 i sv relji.l 'FV.yMt7.c .tact an(same...its ereeaa.MraMPaletare.. _ ;1:.1,:.,;.. ' --ial;• iti '.t. 5;J.a...„, , e.C__r/ mma a On. I N. A� OnegmeM$wgw'e.rynenerl it a tr am CrsmennemensaiMMdw twenties'Pedreeteldraln 1W c "b'a Dame AMIAMMsTeere N'ea.I.44.rM HWM O OYT. O Mi I SI..Swint ;Rare tiolA:,:T: ziht.W t cabal-\:- .:.r.C3}inrtr'+ .I-N:b.Or: TNI Nr1,M1M it land Low a openntioss.yaNMMN POW fre•.ft M I MWi. -Z s-ltit'IMAIN . L11x 1't ely..t;. ;Oa AuthWatltlS inki!(4eiri::a•:;C•:F::':Y'r.S5M. r fit :.TN. '� '�.11'i{ IIMrl�rd�a'ra..'•�I� Customer Name County o old _ Date: � � Aulnodaed Signature: /We/ AMatted0y: •k/ A -4.-4 4 -- /� Neme(Oral: 21. J. ile Nang(print) ,, .kotir&cQ. if tzPA%^s /�A Tile: _ Cha=t oats: APR 3 9 2008 State of Ordeniaation: Cal nrsA n Oct Meth meta Inc•I•a0 N.CumbMend Anne•01140120.11.0656 S%is FEIN'$IN 84-6000-813 ropresecutkin meat Vie ennstions incept as Set Ce certifiesCoM and that(s)If duly s has read 1hauutortmo e etillre to eextaile the Agreement en bereement that Oct or Ils held representatives rve made no agreements or I4'.P USMSII n.I INS 2006-1138 oce North America , Inc . €Ce) Document Acceptance Agreement Agreement No: ' 00064078.02 Customer's Sold To Address Customer's Ship To Address Company Name: COUNTY OF WELD Company Name: --see Site surveys-- DBA: County Of Weld DBA: Contact Name: Steve Moreno Contact Name: Address: 1402 N 17TH AVE Address: Address: Address: City: GREELEY County: City: County: State: CO Zip: 80631-9563 Phone: (970)353-3.840 State: Zip: Phone: Acceptance Customer Signature acknowledges receipt of (#)documents(See documents listed below). which are incorporated,nto this document by reference. DOCUMENT NAME REV. Site Survey Customer Authorized Signature Sales Manager Acknowledgement Company Name: County o Weld Name: Oce Authorized Signature Authorized Signature: Name(Please Print): M. J. Geile Date: Title: Chair Date: APR 19 2006 Accepted by VP: Name(Please Print): CUSTOMER S REPRESENTATIVE WARRANTS THAT HE/SHE IS DULY AUTHORIZED TO EXECUTE THIS THIS CUSTOMER AGREEMENT IS Chi Y BIND NC UPON SIGNATURE OF AN AUTHORIZED Oc6 Norm Amerce. AGREEMENT ON BEI-IAL°OF CUSTOMER AND THE AGREEMENT IS BINDING CN CUSTOMER rc REPRESENTATIVE THESE TERMS AND CONDITIONS SUPERCEDE ANY OTHER TERMS AND CONDITONS INCLUDING ANY TERMS AND CONDITIONS IN THE CUSTOMER'S PURCHASE ORDER TERMS AND CONDITIONS OR OTHER DOCUMENTS.CUSTOMER'S AUTHORIZED REPRESENTATIVE ACKNOWLEDGES HE/SHE HAS READ THESE TERMS AND CONDITIONS AND ACKNOWLEDGES THAT THESE TERMS AND CONDITIONS SUPERCEDE ANY OTHER TERMS AND CONDITIONS. Form#USAS500 rev 12/02 • Oce Oce North America , Inc . Customer Agreement Addendum Division: wFPS For Additional Product/Equipment i Agreement No: ' 00064076.02 • Order Type: Bundled Lase(Tart,[ ' Rep No: 522 i Hardware Branch No: t Customer: _ COUNTY OF WELD 3.Product/Equipment Description Requested i. Warranty Trade-In/ Installation& Total Net (include renal numbers artd meter counts Delivery Qty' pre-Pack (}t OF DAYS) List Price Discount Delivery Price Main[.Price when required) Hybrid Controller 1 50.00 50.00 50.00 Power Logic Controller License I 00.00 $0.00 50.00 Security Ley el 1 $0.00 $0.00 $0.00 - Copy Logic 1 $0.00 50.00 00.00 Scan Logic(Requires a G01 to be ordered) 1 50.00 $0.00 $0.00 17"CRT Mondor GUI Kit I $0.00 00.00 50.00 Media Starter Kit 1 50.00 50.00 50.00 4452 Compact Stacker 1 $0.00 00.00 $0.00 Standard Controller Cabinet I 50.00 50.00 50.00 Oce TDS450 On-Site User Training 1 5000 50.00 00.00 2 Help Desk Incidents(Only w/HMA or SMA) 1 50.00 50.00 $0.00 System Integration Service(1/2 Day) I $0.00 .50.110 50.00 Easy Pac 2000 sr/mo I 50.110 50.00 50.00 Total 50.00 50.00 .50.00 (This form must be attached to the completed Order Package when required) Form kUSA9500 rev 12(02 oce Oce North America , Inc . Customer Agreement Addendum Division: MIFFS For Additional Product/Equipment Agreement No , 00064078.02 Order Type: Bundled Lease(Term Rep No: : 522 Hardware = Branch No: TCS4 4 Customer: COUNTY OF WELD • 3.ProducUEquipment Description Requested VYartanty. Tfadr.W InSIdp tic i& . Total Net (include serial numbers end meter counts Qty Pr@-P9Ck � L.16•PACB t price when required) Delivery (tt OF.rinrs) Diswi�nt • Delivery Price (This form must be attached to the completed Order Package when required) Form#USA9500 rev 12/02 • Customer Agreement Terms and Conditions • • Common Terms 1.0 DEFINITIONS. a. "Oce"shall mean Oce North America, Inc. b. "Customer"shall mean the business entity defined on the Cover Sheet. c. "Product"shall mean Equipment, including accessories,which are subject to this Customer Agreement("Agreement"). d. "Cover Sheet"shall mean the front page of this Agreement. e. "Software" shall mean the Oce software modules in object-code form listed on the Cover Sheet and accompanying documentation, together with programming and/or microcode firmware included or embedded by Oce within Equipment. f. "Installation Site"shall mean the Customer location specified in the Cover Sheet to which Customer requests that Oce ship the Equipment or Software. Delivery will be made to the Installation Site. g. "Effective Date" shall mean (i) the date the installation is completed; or (li) for Software which is not installed during the installation of the Equipment,the date the Software is enabled or shipped;or(iii)in the case of conversions or trials,the date specified by Oce. h. "NOLI Products" shall mean Non-Oce Listed Items, which means hardware, software, equipment, supplies, service, warranty, network equipment and other items not listed in Ore's price list. i. "Client Software" shall mean that portion of the Software that resides in, and operates on, the desktop or portable computers in use by Customer or third parties as provided herein and provides access to the Server Software and computer system resources shared and used by the Software. j. "Server Software" shall mean that portion of the Software that resides in, and operates on, the computer systems of Customer which allow access by the Client Software to shared computer system resources, including data files and databases. 2.0 EQUIPMENT. At the sole discretion of Oce, the Equipment to be delivered pursuant to this Agreement means hardware that is Newly Manufactured,Factory Produced New Model, Remanufactured,or Used. "Newly Manufactured"shall mean equipment that has been newly assembled and which may contain a limited number of used components that have been thoroughly inspected and tested to assure product performance and reliability specifications. "Factory Produced New Model"shall mean equipment that has been subject to a process of disassembly,cleaning, refinishing, replacement of defective components with new or used components and has been converted to new-model status. Such equipment is newly serialized equipment with new features and/or functions. Customer is the first user of this equipment, which is fully tested to assure product performance and reliability specifications. "Remanufactured" shall mean equipment that has been subject to a process of disassembly, cleaning, refinishing, and replacement of defective components with new or used components and is fully tested to assure product performance and reliability specifications. "Used"means equipment that is maintained under Oce's authorized technical standards. Used equipment is offered without warranty. Risk of loss shall pass to Customer upon delivery to Customer's loading dock. From the date of such delivery, until Oce is paid in full for Product(s), if the Product(s) is lost, stolen,damaged or otherwise rendered unfit for normal use, Customer shall pay Oce an amount equal to the replacement cost of the Product(s). 3.0 BINDING AGREEMENT. Once this Agreement becomes effective and legally binding as set forth in Section 10, it is non-cancelable. Customer acknowledges that Oce has no responsibility for the decision or effect of the decision of Customer to acquire NOLI Products, even if Oce helps Customer identify,evaluate or select such NOLI Products. 4.0 BILLING. Invoices are due thirty (30) days from date of invoice. Customer shall pay all taxes arising from the Agreement. Customer agrees to pay on demand, as a late charge, 1.5%per month limited by the maximum rate permitted by law,on all overdue payments whether such payments are due prior to or after a Default. Customer is responsible for freight,delivery and rigging charges. 5.0 WARRANTY. a. HARDWARE. Oce warrants that on completion of installation Product/Software will be (1) in material conformance with the manufacturer's published specifications, (2)qualified for Oce's standard maintenance services and (3)free from material defects in workmanship and materials. If a warranty period is marked on the Cover Sheet, then warranty shall continue from installation for the period set forth on the Cover Sheet. During the warranty period, Oce shall repair or, at its sole discretion, replace Equipment or parts thereof determined by Oce to be defective in material or workmanship, and shall provide service adjustments within the Oce service area during its normal business hours at no charge, as determined to be necessary upon inspection by an authorized Oce Service Representative. Any repair, replacement of parts and/or adjustment required because of misuse, improper care or storage, negligence, alteration, accident, use of improper supplies or lack of specified maintenance with respect to the hardware Equipment is not covered by this warranty, nor is the replacement of expendable items(for example photoconductor drums, fuser rollers and inkjet print heads- "Expendable Item"). The foregoing examples do not comprise a complete list. Expendable Items may vary on different products and Oce shall maintain the complete list of Expendable Items. Repair provided by Oce that is not covered by this warranty will be at Customer's expense. Oce provides no warranty for NOLI Products. For NOLI Products, Customer may receive a warranty directly from such product or software vendor. b. EXCLUSION OF CERTAIN WARRANTIES. THE WARRANTIES STATED ARE EXCLUSIVE AND IN LIEU OF ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 6.0 CHOICE OF LAW; JURISDICTION; VENUE; NON-JURY TRIAL; LIMITATION OF LIABILITY: The parties hereto agree that this Agreement will be deemed for all purposes to be fully executed and performed in the State of Illinois and will be governed by Illinois law without regard to its choice of law rules. THE PARTIES IRREVOCABLY AGREE TO: (a)that any and all legal disputes whatsoever concerning this Agreement, must be brought in the State or Federal courts located in Chicago, Illinois and that such courts shall have the exclusive jurisdiction and authority to resolve such disputes;(b)to submit to the jurisdiction of the State and Federal courts located in Chicago,Illinois,for purposes of resolving legal disputes concerning this Agreement,and to waive any and all objections to personal jurisdiction and/or to venue;and(c)to waive any right to trial by jury in legal disputes concerning this Agreement. EXCEPT FOR CLAIMS FOR PERSONAL INJURY OR FOR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY TO THE EXTENT CAUSED BY EITHER PARTY'S NEGLIGENCE OR WILLFUL MISCONDUCT OR FOR CLAIMS ARISING UNDER SECTION 9, CONFIDENTIALITY OR UNDER ANY INDEMNIFICATION PROVSION CONTAINED HEREIN, NEITHER PARTY SHALL BE LIABLE,WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR DAMAGES SUFFERED OR CLAIMED TO HAVE BEEN SUFFERED BY ANY THIRD PARTY INCLUDING CUSTOMERS OF CUSTOMER, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, OCE'S MAXIMUM LIABILITY TO CUSTOMER FOR ANY CLAIM FOR DAMAGES RELATING TO OCE'S PERFORMANCE OR NON-PERFORMANCE UNDER THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF$50,000.00 OR THE AMOUNT PAID BY CUSTOMER FOR THE ITEM WHICH IS THE SUBJECT OF THE CLAIM. 7.0 DEFAULT. An event of default shall exist upon the occurrence of all or any one of the following events: (a)Customer does not pay when due any invoice; (b)Customer ceases doing business as a going concern or is unable to pay its debts as they become due; or(c)Customer shall default in the • performance of any of its obligations to Oce or any assignee arising under this Agreement, or any other agreement between Customer and Oce (an ?Event of Default"). Upon the occurrence of an Event of Default, Oce may terminate its obligations to Customer and declare immediately due and payable all sums due or to become due hereunder or under any other agreement between Customer and Oce. 8.0 ASSIGNMENT. WITHOUT THE PRIOR WRITTEN CONSENT OF Oce, CUSTOMER SHALL NOT ASSIGN, TRANSFER OR PLEDGE THE PRODUCT(S)OR THIS AGREEMENT. 9.0 CONFIDENTIALITY. The parties may disclose to each other non-public information, which may include confidential information ("Confidential Information"). The recipient of Confidential Information shall use the Confidential Information only for the purposes of this Agreement. 10.0 MISCELLANEOUS. This Agreement shall constitute the entire agreement between customer and Oce with respect to product(s), services and software. Any variance from or additions to the terms and conditions of this Agreement in any purchase order or other written notification from Customer will be of no effect. This Agreement shall become effective and legally binding as soon as (a) it is signed by Customer and (b) it is countersigned by Oce or(c) upon shipment of the Product(s)/Software set forth herein or performance of any Maintenance set forth herein,whichever occurs first. Once Customer signs this Agreement, Customer may deliver the signed Agreement to Oce by facsimile or electronic transmission. By delivering the signed Agreement to Oce by facsimile or electronic transmission, Customer intends and agrees that such facsimile or electronic transmission shall constitute an original of the Agreement, shall be legally binding on Customer as if the Agreement were manually signed by Customer and personally delivered to Oce, shall be the best evidence of the Customer's Agreement and shall be admissible in any legal proceeding. Oce shall have no duty or obligation whatsoever to verify or inquire as to the validity,execution,signer's authority,or any other matter concerning the propriety of the facsimile or electronic transmission. Any and all representations, promises, warranties or statements by Oce's agents or representatives that are not in writing or differ in any way from the terms and conditions of this Agreement shall have no force or effect. CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING (1) THAT ITS NETWORKS AND SYSTEMS ARE ADEQUATELY SECURED AGAINST UNAUTHORIZED INTRUSION AND (2) THAT IT BACKS UP ITS DATA AND FILES. Except for obligations of payment, neither Oce nor Customer shall be liable for nonperformance caused by circumstances beyond their control, during the time such circumstances exist including, but not limited to,work stoppages, floods, and Acts of God. Oce will defend Customer from and pay any ultimate judgment for, direct infringement in the United States by Product(s) or Software of any patent, trademark, trade secret, protected semiconductor chip mask work, or copyright if Customer promptly notifies Oce in writing of any alleged infringement,allows Oce to defend such action in Oce's sole judgment,and cooperates with Oce. Oce is not liable for any infringement due to Product or Software being made or modified by Customer or Customer requested specifications or design, or being used or sold in combination with equipment, software, services or supplies not provided by Ore. Oce MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY OF INFRINGEMENT AND HAS NO OTHER LIABILITY FOR INFRINGEMENT. Customer represents that the person signing this Agreement on behalf of Customer has the authority to execute this Agreement. Any term or condition of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, without invalidating any of the remaining terms or conditions of this Agreement. The waiver or failure of Oce to enforce any provision of the Agreement on one or more instances will not constitute or be deemed a permanent waiver of such provision. Purchase Terms The following Purchase Terms are only applicable if Equipment is being purchased under this Agreement. 1.0 PRODUCT. Customer hereby agrees to purchase from Oce at the purchase price and Oce agrees to sell the Product(s) identified on the Cover Sheet pursuant to the terms and conditions set forth herein. Customer agrees that it is not purchasing the Product(s)for resale. 2.0 SECURITY INTEREST. Oce reserves and Customer grants to Oce a purchase money security interest in the Product and any and all replacements, substitutions, and repairs thereto, for the purpose of securing the purchase price and all other sums due hereunder. Customer authorizes Oce to file Uniform Commercial Code financing statements relating to the Product(s), and Customer agrees to reimburse Oce upon demand for all costs incurred. Customer agrees that an original or a photocopy of this Agreement(including any addenda, attachments and amendments)may be filed by Oce as a Uniform Commercial Code financing statement and Customer hereby authorizes Oce to file any and all UCC documents without Customer's authentication,to the extent permitted by applicable law. 3.0 TITLE. Title to the Product(s)shall pass to Customer upon delivery to Customer's loading dock,with the exception of Software. Customer does not receive title to Software. Equipment&Software Maintenance Terms 1.0 TERM/TERMINATION. Service shall commence on the Effective Date and will be provided at the Installation Site. If the Product(s) is under warranty, Service shall begin on the day immediately following expiration of the warranty period. Either party may terminate Service without cause by giving the other at least ninety(90)days prior written notice. 2.0 SERVICE CHARGES. Ore shall invoice the Minimum Maintenance Payment in advance and shall invoice the Excess Meter Charges and other usage fees ("Service Charges") periodically as indicated on the Cover Sheet. If applicable, Customer shall provide meter readings at the end of each month by an Oce approved method. Should such meter readings not be provided in a timely fashion,Excess Meter Charges may be estimated by Ore. Except for wide format products,when supplies are included in the Minimum Maintenance Payment, Customer is entitled to the amount of toner which, on average,covers six percent(6%)of the media unless another coverage rate is specified in an applicable program or document. 3.0 PRICE CHANGES. Oce may change prices and terms and conditions for Service effective one year after the Effective Date and once per annum thereafter unless otherwise noted. Service Charges may be increased at a rate not to exceed fifteen percent(15%)per annum. 4.0 MAINTENANCE SERVICES. "Service" means the repair and/or replacement of parts, subassemblies, and embedded software to keep the Product(s) in good working order per Oce's written specifications. Parts required for repair may be used or remanufactured in accordance with Oce's specifications. Service will be provided during Oce's established service availability hours, normally between 8:30 AM and 5:00 PM, and only within areas designated for Service. Customer shall permit Oce to install,at no cost to Customer,all retrofits designated by Oce as mandatory. 5.0 EXCLUSIONS.The following are not within the scope of Service or warranty: (i) provision and installation of optional retrofits; (ii)enhancement of any feature of the Product(s); (iii)services connected with Product(s) relocation; (iv)installation/removal of accessories, attachments, or other devices; (v)exterior painting or refinishing of Product(s); (vi)maintenance, installation,or removal of Product(s)or devices not provided by Oce;(vii)performance of normal operator functions as described in applicable Oce operator manual(s), including, but not limited to, loading of toner and/or paper; (viii) performance of services necessitated by accident, negligence, temperature, inadequate ventilation, power failure, improper electrical power, unauthorized alteration of Product(s), tampering, service by other than Oce, causes other than ordinary use, improper supplies or accessories, interconnect of Product(s) by electrical or electronic, or mechanical means, with incompatible Product(s), or failure to use Oce operating system software; (ix)performance of services necessitated by the introduction of a computer virus or other bug into the Product(s);(x)repair or replacement of Expendable Items listed in Common Terms, Section 5(a) above; and (xi) performance of service necessitated by any modification, alteration or any other change whatsoever of Customer's computer system into which the Product(s)is integrated or otherwise connected. 6.0 CUSTOMER RESPONSIBILITIES. Customer agrees: (a)to provide Oce with unrestricted access to the Product(s); (b)to use only paper, recycled paper, parts, photoconductors, toner, or other supplies which in Oce's opinion will not cause excessive Servicing of Product(s); and (c) that replaced parts are the property of Oce. 7.0 Software Support If Software support is made available through the purchase of"incidents",the following terms are applicable: A. Oce provides Software support, consisting of e-mail/telephone access to Oce Support Specialists for operator questions, installation support, explanation of Maintained Software features and functionality, network connectivity questions, and other Software support issues("Software Support"). Software Support shall be made available during those days and hours in accordance with Oce's policy. Software Support is provided on a "per Incident" basis. An "Incident" is defined as a question related to a specific issue with regard to the Maintained Software that can be resolved telephonically by isolating its origin to a single cause. B. Customer may access Software Support through the purchase of "Incidents" from Oce. Incidents may be purchased individually or in quantities as in accordance with Oce's policy. An Incident will be considered"used"when Oce: (1)corrects the problem; (2)creates a reasonable work- around;(3)provides information in response to a Customer question;or(4) isolates the cause of the support issue to product provided by a party other than Oce. An Incident will not be considered "used" if the problem results from a defect in Maintained Software for which no Software patch or workaround is then available from Oce. Issues that Oce determines cannot reasonably be resolved as Incidents may be escalated,with the consent of Customer, to an Oce Software Engineer or scheduled for on-site support at Oce's then-current consulting rates. Oce DOES NOT REPRESENT OR WARRANT THAT ALL SOFTWARE ISSUES CAN OR WILL BE RESOLVED AS INCIDENTS. Incidents shall have an expiration date of sixty(60) months from the date of purchase, and purchases are non-transferable and non-refundable. The expiration date of unused Incidents may be extended if requested in conjunction with the purchase of additional Incidents. C. Oce will provide Software Support to those Customer employees who have been issued an ID code providing email/telephone access to the Oce Software Support Center. Customer shall be responsible for controlling ID code access and for any unauthorized use of ID codes. ID codes are non-transferable. D. An overview of the total number of Incidents purchased, number used and number remaining available for use are available on the Oce website with access provided using the Customer's ID code. . E. Software Support does not include: (1) training; (2) Maintenance Materials; (3) on-site support; (4) on-site implementation, installation and integration support; (5)re-installation of Software on computer equipment supplied by Oce after modification of such computer equipment by Customer (such as installation of memory, disk, interface boards, other software, etc.); (6) re-installation or re-initialization of Software after changes in a networking system or alteration of the parameters of Customer's current networking system; or(7)support or service required because of the upgrade of any software not licensed by Oce, such as operating system or utilities software,even if running on computer equipment supplied by Oce. Oce may make these services available at Oce's then-current consulting rates. Oce reserves the right to decline to perform such services. Equipment Rental Terms The following Rental Terms are only applicable if Equipment is being rented under this Agreement. 1.0 RENTAL PAYMENTS. Customer shall promptly pay the payments set forth on the Cover Sheet in advance. If applicable,Customer shall provide meter readings at the end of each month. 2.0 EARLY TERMINATION. Either party may terminate this Equipment Rental Agreement at any time on ninety (90) days prior written notice. If Customer terminates this Agreement prior to the end of the Term,Customer shall pay a termination charge equal to the product of the Minimum Rental Payment specified on the Cover Sheet multiplied by 4 or the number of months remaining in the Term,whichever is less. 3.0 RENEWAL. This Equipment Rental Agreement will renew automatically for the same term as the initial Term unless Oce receives written notice from Customer electing not to renew the Equipment Rental Agreement at least ninety(90)days prior to expiration of the current Term. 4.0 MAINTENANCE. Customer agrees that the Equipment Maintenance Terms are incorporated herein and during the Term it will not move the Product(s)from the Installation Site or terminate Service. Software License Terms 1.0 In exchange for timely payment of the Software license fee(s), Oce hereby grants to Customer a nonexclusive, nontransferable, limited license to use the Software as follows: (i) Single Workstation License. Customer may install the Software on a single workstation (CPU) at the Installation Site solely for the internal use of Customer and its employees. (ii) Fixed Client/Server License. Customer may install and use one (1) copy of the Server Software solely at the Installation Site and may copy and distribute the Client Software to its own internal users and to third parties for the sole purpose of accessing the Server Software; provided, however that in no event shall the number of workstations(CPUs)on which the Client Software has been installed exceed the number of workstations specified in the Agreement. (Hi)Concurrent ClienVServer License. Customer may install and use one (1)copy of the Server Software solely at the Installation Site and may copy and distribute the Client Software to its own internal users and to third parties for the sole purpose of accessing the Server Software;provided,however that in no event shall the number of users accessing the Server Software at any one time exceed the number of users specified in the Agreement. 2.0 Except as expressly provided herein, Customer shall not,without the prior written consent of Oce, copy the Software in whole or in part,except that Customer may make one (1) copy of the Software for backup purposes. The original and any copy in whole or in part of the Software made by Customer shall include Oce's copyright and other proprietary notices and shall remain the property of Oce. Customer agrees that it will not translate, disassemble, decompile, reverse engineer, or create derivative works based on the Software or any portion thereof. The license for embedded • Software is concurrent with the Customer's right to use the Product(s) and is terminated with the Customer's right to use the applicable Product(s). Upon distribution of the Client Software to a third party,Customer shall ensure that the third party is required to read and accept the End-User License Agreement("Clickwrap Agreement")included as part of the Client Software. 3.0 NO WARRANTY. Customer expressly acknowledges and agrees that the Software is provided"as is"and without warranty of any kind.Oce DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Customer acknowledges that operation of the Software may result in loss of data. 4.0 TERMINATION. Upon termination of this Agreement, all licenses granted to Customer with respect to the Software, including upgrades and updates, and Customer's right to possess or use the same, shall immediately cease. Upon such termination, Customer shall: (i) cease to use the software; (H) return all Software, Confidential Information, and Software documentation; and (iii) deinstall such Software, and upon such deinstallation provide evidence reasonably satisfactory to Oce of such deinstallation. Customer shall use its best efforts to take necessary steps to achieve the requirements of this Section with regard to any client of Customer who was given access to or a license of the Software by Customer. 5.0 MISCELLANEOUS. CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE MAY INCLUDE FEATURES LIMITING ITS OPERABILITY BEYOND THE SCOPE OR TERM OF THIS LICENSE. Use, duplication, disclosure by or to the U.S. Government is subject to restrictions set forth in subparagraphs(a)through (d) of the Commercial Computer Software-Restricted Rights Clause at FAR 52.227-19,when applicable,or in the Technical Data-Commercial Items Clause at DFARS 252.227-7015 or successor provisions, when applicable. The parties acknowledge and agree that the Software is "commercial computer software" as that term is defined in the DFARS and, therefore, that the U.S. Government is subject to DFARS 227.7202. The contractor/manufacturer is Oce North America, Inc., 5450 North Cumberland Avenue, Chicago, IL 60656. None of the Software or underlying information or technology or any direct product thereof may be downloaded, exported or re-exported without the prior written consent, if required,of the Office of Export Administration of the U.S. Department of Commerce. Customer agrees to comply with any other applicable export laws and regulations. aceSite Survey TDS4452,TCS4,Buyout:TDS400/iDS450 Family Site Information Customer Name: COUNT(OF WELD Department: Clerks and Record Recorders Floor: Ground Room/Suite: Address: 1402 N 17TH AVE City: GREELEY State: co Zip: 80831-9583 Contact Name:(1) Steve Moreno Phone: (970)353-3840 Ext: Contact Name:(2) Gaye Hedln Phone: (970)353-3840 Ext: Region: Branch: Westem:Phoenix Service Zone: 1 Inspection Date: 04/03/2008 Requested Install Date: 04112/2005 Priority Message: Other Comments: Delivery Requirements Is a loading dock available? 0 Yes Z No Delivery hours? to If not, list building entrance dimensions (list dimensions in inches) : Height: 72 Width: 41 Door Width: 72 Corridor Width: 49 Step Width: 0 #of steps(outside): 0 #of steps(inside): 0 Stair Crawler Required? 0 Yes Z No Number of floors: 5 Will an elevator be used? ❑Yes Z No Elevator hours? to Elevator appointment required? ❑ Yes Z No If yes,contact name& phone: Elevator Dimensions(in inches): Width: 0 Depth: 0 Load Capacity: 0 Elevator Door Opening (in inches): Height: 0 Width: 0 Customer to move fixed obstructions prior to installation unless special arrangements are made. Z Yes 0 No If"No", list specifics, contact and phone number: Will floor protections be required: ❑Yes Z No Has the floor condition been confirmed satisfactory by the customer? 0 Yes Z No Current Equipment REPLACEMENT EQUIPMENT Make: Model: Serial Number: To Be Removed By: Special Instructions: *If existing equipment is to be removed by OCd, additional labor will be invoiced at current published service rates. Supplies To assure optimum equipment performance is achieved, it is recommended that a supply order be processed along with the equipment. Bond El Oce-North America ❑ Other ❑ Not Used Translucent Bond ❑ Oce-North America ❑ Other ❑ Not Used Vellum ** ❑ Oce-North America ❑ Not Used Film ❑ Oce-North America O Other ❑ Not Used Toner Catalog Number 65250018343 (Two bottles and two waste toner bags) Develo•er Catalo• Number D57045011 One bottle of develo.er Field Service Installation Technician: DAVID C BARTKUS Employee# 45'3 ^sTa Primary Technician: DAVID C BARTKUS Employee# TUBB Back-up Technician: ABRAHAM M RODRIGUEZ Employee# Key Operator Key Operator(s)will be trained upon completion of install: Key Operator Name: GayeH.dio Phone/Ext: 97033-3840 Name: Phone/Ext: Please ensure that all signatures are present Oce Representative: Date: Customer: Date: Field Service Manager: Date: Environmental Considerations/Conditions It is important that the TSD450 product be installed in a room with appropriate dimensions. (See the space diagram). Should the room not meet the minimum space requirements, the installation will have to be authorized by the Region Sales Manager and the Region Service Manager. The TDS450 Product should be placed where it will not be affected by ammonia fumes, or in direct sunlight. The ammonia concentration should not exceed 25 parts per million. Relative humidity should be in the range of 20% to 80%. The TDS450 Printer weighs 375Lbs. the Scanner weighs 150Lbs. The floor load requirements are 129 lbs. per square yard. • Space Requirements A minimum floor space of 98 ft2 is required for Oce TDS450 plotter and scanner. A minimum floor space of 60 ft2 is required for Oce TDS450 plotter alone Notes: IRocoMnp Trw lopllonel) d Network 3T ow Controller aN'r.. Pions. Scanner 2r I-! _- 3fr L M'. -_. Printer/Scanner to Controller 13 ft. Note:Drawing is not to scale Optional 26ft. cables available . --__-----._.--.-. The Oce TDS450 should not be placed near a water boiler, humidifier or subject to ammonia fumes or direct sunlight. Electrical Requirements Customer is responsible for providing the electrical requirements listed below prior to the machine installation. Electrical receptacles (as shown below)are required. • 115 Volt • 20 Amps for plotter 4j 9 E]. 0 UU 3 Wire Ground 15 Amps for scanner • 15 Amps for controller O - o • Electrical Supply must be a dedicated line NEMA 5-20R NEMA 5-ISR NEMA 5-I5R for for Printer for Scanner Controller The electrical service will be available on: Shipping Information WEIGHTS (in Ibs) and DIMENSIONS (crated in inches): Item lxwxh Crated Uncrated Dimensions L. 1 Oce TDS450 Print Engine 485 375 531 x 40 x 50 2 Oce TDS450 Scanner 205 150 53 x 36 x 50e1/4. 3 Oce Controller Cabinet 112 85 27 x 20 x 40 4 Oce Compact Output Stacker 128 100 N/A Hello