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HomeMy WebLinkAbout20032893.tiff YeapleSaft. SCHEDULE TO THE SOFTWARE END USER LICENSE AND SERVICES AGREEMENT This independent Schedule to the Software End User License and Services Agreement ("Schedule")is made as of September 23,2003 ("Schedule Effective Date") by and between PeopleSoft USA, Inc. ("PeopleSoft") and Weld County ("Licensee"). This Schedule is part of the Software End User License and Services Agreement between the parties dated July 20, 1994("Agreement"). SOFTWARE/SERVICES Third Party Software Modules Mfr. Provided Copies Fee Net Express v3.I for Windows/NT for 1 Named Users Micro Focus International 1 $9,300 including Application Server' Limited SUBTOTAL LICENSE FEES: $9,300 Other Services Mfr. Units Fee Standard Support Services for the Initial Services Term PeopleSoft,Inc. N/A $1,860 SUBTOTAL SERVICES FEES: $1,860 TOTAL FEES: $11,160 1. Specific Licensed Use: Licensee's use of the Third Party Software is limited to the Territory restriction for the PeopleSoft Software modules,and for the Windows NT/2000 Operating System. 2. Payment Terms: Unless Licensee has obtained financing for the Total Fees owed hereunder(in which case PeopleSoft agrees to recognize payment by the third party providing financing on behalf of Licensee as satisfaction of Licensee's payment obligation hereunder), Licensee shall pay PeopleSoft one hundred percent (100%) of TOTAL FEES on or before that date which is thirty (30) calendar days after the date of PeopleSoft's applicable invoice. Unless explicitly stated in this Schedule, all fees specified herein are non-cancelable, non-refundable and non-contingent. All fees are payable in U.S. dollars and shall be sent to the attention of PeopleSoft's Accounts Receivable Department. 3. Support Services Terms: For a period commencing upon the Schedule Effective Date and terminating one(1)year thereafter ("Initial Support Services Term"), Licensee shall receive Support Services for the Third Party Software as licensed pursuant to this Schedule for the fees set forth above. Thereafter, in the event Support Services are to be provided for the Third Party Software licensed pursuant to this Schedule, Licensee shall pay PeopleSoft the Support Services fee in effect at the time such Support Services are renewed. 4. Definitions: Unless otherwise set forth herein, capitalized terms used herein shall have the same meaning ascribed to them in the Agreement. Notwithstanding anything herein to the contrary, terms defined pursuant to this Schedule shall have the meanings ascribed to them pursuant to this Schedule. "Support Services" mean those standard services offered by PeopleSoft which are designed to support the Third Party Software licensed pursuant to this Schedule, in effect on the later of the following: (i) the date fees arc received for such services offered by PeopleSoft which are designed to support the such Third Party Software; and (ii) the first date of the period for which services, designed to support such Third Party Software,and offered by PeopleSoft,are provided. "Third Party Software"means all or any portion of the then commercially available version of the binary computer software programs, but not source code, licensed by PeopleSoft from third parties and sublicensed to Licensee,as specified in the Schedule,which are not embedded in the Software. I Notwithstanding anything in the Agreement to the contrary,the license granted herein is limited for use by:(i) the licensed number of named users for the purpose of performing compilation tasks;and(ii)unlimited number of users for purposes other than performing compilation tasks,such purposes include,without limitation,runtime use. Notwithstanding anything herein to the contrary:(a) source code is not included;(b)this Software module is a Supportable Module;and(c)Support Services fees are the rates in effect at time of renewal,and are not dependent on number of employees or revenues. 9/23/2003,2:01 PM Page 1 of 2 Weld County NX31.doc,lasrev04/02 (lf Se-yr-"� � � pyu �,�'^^II /0 .. W- P3 2003-2893 Peroplexft. 5. Expiration of Offer: The offer set forth in this Schedule and in the Agreement is valid only through September 29,2003,and if the Schedule and Agreement, if applicable,are not executed by such date,the offer is rescinded,all terms are null and void,and neither party shall have any obligation in relation thereto. 6. Miscellaneous Information: 6.1 Title to Physical Media:Notwithstanding anything in the Agreement to the contrary,title to the physical media for the Third Party Software vests in Licensee upon shipment thereof to Licensee. 6.2 SIIIPPING INFORMATION BILLING INFORMATION SITF INFORMATION TRAINING ADMINISTRATOR Contact: Julie Jordan Contact:Nila Walters Contact: Same as Shipping Contact: Same as Shipping Address: 915 10th Street Address: 915 10th Street Address: Address: 3`°Floor Greeley,CO 90631 Greeley,CO 90631 Phone:970-3564000 ext.4874 Phone:970-356-4000 Phone: Phone: Fax: Fax: Fax: Fax: E-mail: E-mail: E-mail: E-mail: The undersigned represent and warrant that they are authorized as representatives of the party on whose behalf they are signing to sign this Schedule and to bind their respective party thereto. t ACCEPTED BY: /a � PEOPLE USA,INC.761-4 Authorized Signature j®/,$--Q3 Authorized Signature Timothy . Schinke A-011 6 . Lak)61 G° N,& I IL-- Vice President Printed Name and Title I Printed Name and Title rbsra Di- Oa.10-itt WFtk 'SS Dn)e7i-.S • 9/23/2003,2:01 PM Page 2 of 2 Weld County NX31.doc,lasrev04/02 Hello