HomeMy WebLinkAbout20042880.tiff INTERGOVERNMENTAL MASTER SOFTWARE LICENSING PROGRAM
ENROLLMENT AGREEMENT
THIS •green t, made thisc10 day of.3n j 200 Y-,by and between
��� tc7TY CR-,t.)M&,2
hereinafter referred to as "enrolling entity," and the State of Colorado, acting through the
Department of Personnel &Administration hereinafter referred to as The State,
WHEREAS, pursuant to section 24-110-201, C.R.S. (1997), any public procurement unit
may either participate in, sponsor, conduct, or administer a cooperative purchasing
agreement for the procurement of any supplies or services with one or more public
procurement units; and
WHEREAS,the State has negotiated master software licensing terms and conditions to
permit statewide orders by State agencies, departments, institutions and political
subdivisions from master licensing agreements with software manufacturers/publishers;
and
WHEREAS,the State is agreeing to administer such master licensing programs in
accordance with the terms of such programs; and
WHEREAS,the enrolling entity is an eligible agency, department, institution or political
subdivision under such master software licensing agreements;
NOW THEREFORE, it is hereby agreed that:
1. The enrolling entity acknowledges that it has received a copy of the program and
licensing terms under:
a. SLG Microssoft Select Agreement (Standalone) v6.1 (North America) September 1,
2003, dated (03/04/04)as amended by the Microsoft State and Local Government Select
Agreement-Amendment 001, dated (03/04/04; the
Microsoft Academic Select Agreement v 6.1 (US ONLY) September 1, 2003, dated
(04/13/04) as amended by the Microsoft Academic Select Agreement-Amendment 001,
dated (04/13/04); Product Use
Rights (Addendum A) dated June 1, 1999; SLG Microsoft Enterprise Agreement v6.0
(LAR Standalone) (North America) July 1, 2002 dated (02/04/03) as amended by
Microsoft Enterprise Agreement Amendment—1 dated (02/04/03);
b. Novell Master License Agreement, dated(11/01/99), as amended by the State of
Colorado Amendment, dated (NA);
c. Corel CLP Universal Agreement, dated(11/24/97), as amended by the CLP
Universal Agreement Amendment, dated (2/14/02);
d. Lotus Passport Program, Government Contract Option and Enterprise Option Terms,
0q orl 2004-2880
LP 000-(
dated(07/01/00) as amended by the Amendment to Lotus Passport Program
Government Contract Option and Enterprise Terms, dated(12/03/97); and the Lotus
Software Agreement, dated(06/08/00).
2. The enrolling entity acknowledges that these agreements contain confidentiality
provisions and use restrictions on software ordered under such agreements, and the
enrolling entity will disseminate such limits and restrictions on use to its employees. The
agreements require that enrolling entities take reasonable steps to protect software and
documentation from unauthorized copying or use. Enrolling entities may not disassemble
or decompile the software. The agreements also contain specific use audit, self-audit, and
reporting/certification provisions to validate compliance with license restrictions. The
parties agree that the Department of Personnel &Administration shall not be responsible
for any liability
arising out of orders placed by the enrolling entity or any costs associated with audits or
purchases of additional license rights after audits under these agreements. Collection of
and/or disagreements over payment are the sole responsibility of the reseller and the
individual enrolling entity. In the event an enrolling entity is determined to be liable for
the costs of an audit, the enrolling entity is responsible for any such costs under these
agreements. Enrolling entities shall, at their own expense, satisfy reporting obligations
under these agreements with respect to their own use of software ordered from these
agreements.
3. The enrolling entity will comply with the terms in the then-current State Award in
placing orders under this program, through the reseller administering the program. The
enrolling entity will furnish updated information concerning the identity of its program
point of contact to the reseller. The enrolling agency's point of contact for purposes of
these program is: n r
Name JC.tti A d D--a4A-)
Title or Position Sys TeA.4� (.JSt4 iI JC;; 44 N4aaf3L..
Address 9/6 /O.- Sr "��&,"7'"Z�t '/ C gads /
Telephone 970 -3sz� • YaY) ir4g7 1
4. The enrolling entity shall not distribute or redistribute or permit any of its employees
to distribute or redistribute files, code or software(as those terms are used in the
Microsoft Product Use Rights, dated June 1, 1999, and as later revised). This prohibition
shall apply to any use, distribution, or redistribution of files, code or software that is
subject to an express duty of indemnification by the State in the Microsoft Product Use
Rights, as it may be amended from time to time.
5. No software product or licenses may be sublicensed, transferred, or assigned(such as
to an "Affiliate" entity as that term may be used in the Microsoft Select Agreements) to
another entity except to the extent that such sublicense,transfer, or assignment is
permitted under the terms of the applicable program, and then only if such entity has
executed an Intergovernmental Master Software Licensing Program Enrollment
Agreement. The enrolling entity shall remain responsible for all acts and omissions of
such entities to which it sublicenses, transfers or assigns such software products or
licenses. Written notice of the terms of such sublicense, transfer or assignment shall be
provided to the reseller in a form acceptable to the State Purchasing Office.
6. TO THE EXTENT AUTHORIZED BY LAW, THE ENROLLING ENTITY SHALL
INDEMNIFY, SAVE, AND HOLD HARMLESS THE DEPARTMENT OF
PERSONNEL, STATE OF COLORADO AGAINST ANY AND ALL CLAIMS,
DAMAGES, LIABILITY AND COURT AWARDS, INCLUDING COSTS,
EXPENSES, AND ATTORNEY FEES, INCURRED AS A RESULT OF BREACH OF
OBLIGATIONS UNDER THIS AGREEMENT OR THE PROGRAM AND/OR
LICENSING AGREEMENTS REFERRED TO HEREIN BY THE ENROLLING
ENTITY, OR ITS EMPLOYEES,
1. (�
EES,AGENTS, OR ASSIGNEES.
Enrolling Entity Name WEt- b U tJ?vO70,16-4 A)ics6:4-1
t
Authorized Signature
Robert D. Masden 09/20/2004
Title Chair, Board of Weld County Commissioners
(Seal) i/1 /S n
Attes ation(e.g. Clerk %r.
'eat Clerjt o the go rd
a of arttynent of Personnel &�dministrarion
State Purchasing Director
•
Mi osoft
Microsoft Select Enrollment- State and Local
Microsoft Business Agreement Enrollment number
number(if applicable) Microsoft affiliate to complete 3�i(
Reseller or Microsoft affiliate to sso�L\complete .l J v
Select Agreement number Previous agreement number
Reseller or Microsoft affiliate to 015(0ssas Reseller to complete
complete v1'
Select Agreement Expiration Date Previous agreement end date
Reseller or Microsoft affiliate to n /.0n/ Reseller to complete
complete p( 111/1
This Microsoft Select Enrollment is entered into between the following entities. Each party will notify the
other in writing if any of the information in the following table changes.
Customer
Name of Entity Contact Name•�(,t l lc J .. l�
1 � �� dL)C 1 �� (This person handles access to online information,and receives
1 I notices unless a different contact is provided below.)
Street address Contact E-mail Address(required for online access)
City) State/Province Phone
big. -LEA-1 CO '770 3s-1r -c(bo& X 44 7 Y-
Country Postal code Fax..
to 4- Soo 3 I 170 -4 -2
Microsoft Account Manager Name Microsoft Account Manager E-mail
Contracting Microsoft Affiliate
Microsoft Licensing, GP-6100 Neil Road, Suite 210-Reno, Nevada USA 89511-1137-Dept. 551,Volume
Licensing
If online access and notices should be provided to someone or some place other than above,
complete this section:
Name of Entity Contact name
Street address Contact e-mail address
City State/Province Phone
Country Postal code Fax
SLG Microsoft Select Enrollment v6.1 Cover Page Page 1 of 7
(North America)September 1,2003
If duplicate electronic contractual notices should be provided to someone or some place in addition to the
above, complete this section:
iNTe of Entit Contact Name
WECh l�Auk) TY oi Okl S_AM-4ct1 F 4 C. 'bEFIc, lah tS
Street Address Contact Email Address(required for electronic
yn-otices)
i a r E ('I L I I IS c?t.).ic)L=0 •cl ez(.(S
C Late/Province Phone
irlEEzr'-I v 970 - Sal X '{g-
Country Postal Code Fax
Us4 56co, `ho - -gay 476
Definitions. When used in this enrollment, "you" refers to the entity that signs this enrollment with us and
"we" or "us" refers to the Microsoft entity that signs this enrollment. All other definitions in the Microsoft
Select Agreement identified above apply here.
Effective date. If you are renewing Software Assurance coverage (or similar upgrade protection) from
one or more previous Microsoft agreements, then the effective date of this enrollment will be the day after
the earliest expiration of such coverage. Otherwise the effective date will be the date this enrollment is
signed by us. Where a previous Microsoft agreement is being used, your reseller will require the
agreement number and agreement end date to complete the applicable boxes above.
Term. This enrollment will expire on the date on which the Microsoft Select Agreement expires, unless it
is terminated earlier as provided for in that Agreement.
Representations and warranties. By signing this enrollment, the parties agree to be bound by the
terms of this enrollment, and you represent and warrant that: (i) you have read and understood the
Microsoft Business Agreement (if any)and the Microsoft Select Agreement, including any amendments to
those documents, and the product use rights, and agree to be bound by those; (ii) you are either the
entity that signed the Microsoft Select Agreement or its affiliate; (iii) during the initial term of this
enrollment you expect to purchase licenses equal to at least 750 points; and (iv) the information that you
provide on each of the attached forms is accurate.
Non-exclusivity. This enrollment is non-exclusive. Nothing contained in it requires you to license, use or
promote Microsoft software or services exclusively. You may, if you choose, enter into agreements with
other parties to license, use or promote non-Microsoft software or services.
Microsoft Volume Licensing Web Sites
(Note: We id'se you or any changes in there 1,RIs.)
Product Use Rights http://microsoft.com/licensing/resources
Product List http://microsoft.com/licensinq/resources
Microsoft Volume Licensing Services (MVLS) https://licensinq.microsoft.com
(password protected site to view orders under this enrollment)
SLG Microsoft Select Enrollment v6.1 Cover Page Page 2 of 7
(North America)September 1,2003
Notices to Microsoft should be sent to: Copies should be sent to:
Microsoft
Microsoft Licensing,GP Law and Corporate Affairs
6100 Neil Road,Suite 210 One Microsoft Way
Reno, Nevada USA 89511-1137 Redmond,WA 98052 USA
Dept. 551,Volume Licensing Volume Licensing Group
(425)936-7329 fax
This enrollment consists of (1) this cover page, (2) the Software Assurance Election Form, and (3) the
Reseller Information Form.
Customer Contracting Microsoft Affiliate
NNie of Entity /'�
EL ��u�T�� /_ tbV� -4'/E� Microsoft Licensing,GP
Signature� . l2m/
/ J/C� /D ^
Robert D. Masden
Printed title Printed title
Chair. Board of County Commissioners
Signature date Signature date
09/20/2004 (date Microsoft affiliate countersigns) /0/7 At/
Effective Date
(may be different than our signature date) OCT 0 6 2004
SLG Microsoft Select Enrollment v6.1 Cover Page Page 3 of 7
(North America)September 1,2003
Software Assurance Election Form
1. Software Assurance Membership election:
To become a Software Assurance Member, you must agree to purchase and maintain Software
Assurance for all copies of all products licensed under this enrollment from at least one product pool. For
a description of benefits resulting from choosing one or more product pools below and additional details
regarding the Software Assurance Membership program, please consult your reseller or Microsoft
account manager.
For each product pool, mark the "yes" or "no"to indicate whether you are committing to purchase and
maintain Software Assurance for all copies of all products licensed from that pool under this enrollment.
Product Pools .
Applications v1
Systems E
Servers
Note: If you mark"Yes",we will not accept orders for Licenses without Software Assurance.
2. Election to renew Software Assurance (or similar upgrade protection):
If you are renewing Software Assurance (or similar upgrade protection) from a previous Microsoft
agreement, mark the box below and provide your previous enrollment number and enrollment end date
or Microsoft Open License Authorization Number and end date to your reseller for it to complete the
applicable boxes at the top of the cover page of this enrollment.
For an explanation of the circumstances under which you may renew, see subsection 3(a) (Placing
orders)of the Select Agreement.
Yes, I am renewing Software Assurance.
SLG Microsoft Select Enrollment v6.1 Software Assurance Election Form Page 4 of 7
(North America)September 1,2003
Reseller Information Form
Use this form to identify your selected reseller and have your reseller complete the information below and
acknowledge your selection by signing below.
Reseller Information:
Reseller Company Name
5f i,are ,)e u� i
Street address
G2140 (der tith ) n ye
City anei St7j rovirtceand Post�5
Country LISA x [�
Contact name
namerplmAdmit_
Phone 9 /d Rocrjg339
Fax la, zeL - 53P,
Email address Speclrumnlicrosoftdesk•NA®
softwarespeclium.com
The undersigned confirms that the Reseller information is correct.
Name of Reseller
So-P u :1re_cQeeh)iil`.
Signature
WW1 QUOILt-OziL
Printed na
arn POcJw a,
Printed title
@1416 A Pdm►nnskxn-
Date
10/5/0
SLG Microsoft Select Enrollment v6.1 Reseller Information Form Page 5 of 7
(North America)September 1,2003
Appendix
Media Shipping Information Form - Starter CD Kit
Enrollment Information Reseller Contact
Agreement#: O I J b55a5 Company Name: /+
(Reliatetor Microsoft o` F fart�'_A_'
affiliate to complete) -JIJT"r'1V *all"
Enrollment# Contact Name: f5etci
(Microsoft affiliate to
complete) 1 , Wale fl 1 A
Customer Contact
�� I Q .�To�d(�,� Contact Email: Sa�+NO. b k
C_r_1V�,.r,_t com
Contact Phone: qi a 8 C 24 45b I
At your option, Starter CD kits and CD-ROM subscriptions relating to your Select Enrollment(identified above)will be
shipped to the address set out below. Terms used but not defined in this form have the meanings given to them in your
enrollment.
CD Kit Ship To Information(*indicates required infest-nation)
Company Name/� ' Contact Name*
&H.� (2al i.J i Ni -S uc.I& 4 01—e
t-U
Street Address Contact Email Address
1c 10 r STloza4.3co, Goo, lc3aja-co- tcs
Ci nd State/Province" Contact Phone Number
i f ey C:� 9 -7d- 3St.- c/cc7 K427Si
Country and Postal Code Contact Fax Number
LIS 4- ni(>_3 ( `37d ZQe - 476 Cv
If you choose below to receive media,then upon our acceptance of your enrollment,we will send you your starter CD
kit (media) in the language(s) you select. This starter CD kit will be provided at no additional charge, in order to
permit you to exercise the license rights granted under your enrollment and the related Select License Agreement.
You may also subscribe to updates in the form of CDs, or upon reasonable notice, electronic download or similar
other means. If you need additional CD kits and updates, you may order these through your reseller for a fee. For a
complete list of the contents of any kit,visit the web site athttp:://selectuq.mslicense.com.
VI want to receive a starter CD kit(media) ' I want to subscribe to receive kit updates.
do not want to receive a starter CD kit O I do not want to subscribe to receive kit updates
(media)
The charges for any purchased media may be subject to sales taxes based upon where media delivery occurs. If you
are exempt from sales taxes in the media delivery location, please provide the applicable sales tax exemption
documentation with your enrollment.
SLG Select Enrollment Media Order Form v6.1 Appendix Page 6 of 7
(North America)September 1,2003
Media Shipping Information Form—Starter CD Kit(Continued)
For each language and group you wish to receive, mark the corresponding box with an X
A.•lications Pool S stems Pool Servers Pool
Windows
Office Mapping Developer Training and Products for Client: Windows Server
Language Famil Tools Learni • Macintosh Busine s Servers A..lications
En•lish Ma O 'Man ❑ na►•��►�-
mi ►U a O ❑
Arabic O ❑ ❑
Brazilian Portu.uese O ❑ ❑ ❑ ❑
Chinese Sim.lified C O ❑ O
Chinese Traditional O O O O O
Chinese Traditional
Hong Kong/Pan- O O
Chinese
Czech ❑ O ❑ O ❑
Danish ❑ ❑ ❑
Dutch ❑ O O O ❑ ❑
Finnish O O ❑
French O O O O O ❑ ❑ ❑
German ❑ ❑ O O O ❑ O ❑
Greek ❑ O ❑
Hebrew O ❑ ❑
Hun.arian O ❑ ❑ O
Italian ❑ ❑ O O O O O
Ja.anese O O O O ❑ ❑ ❑
Korean O O O ❑ ❑
Norwe•ian O ❑ ❑
Pan Chinese O O
Polish O O ❑ ❑
Portu.uese O ❑ O O
Russian O O ❑ ❑ ❑
S.anish O ❑ O O O O O O
Swedish O O ❑ O O ❑ O
Thai ❑
Turkish ❑ ❑ O O
'Mapping Kit is not available for use in or shipment to,India,Morocco,Pakistan,China,Hong Kong SAR,Macau SAR,and
Turke
=Not Available
SLG Select Enrollment Media Order Form v6.1 Appendix 7 of 7
(North America)September 1,2003
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