GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST
On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option to create an electronic delivery order is available through GSA Advantage!, a menu-driven database system. The INTERNET address for GSA Advantage! is http://www.gsaadvantage.gov
GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE, AND SERVICES
FSC GROUP: 70
Class 7025 ADP INPUT/OUTPUT AND STORAGE DEVICES Class J070 MAINT/REPAIR/REBUILD OF EQUIPMENT Class 7030 ADP SOFTWARE - Large Scale Computers and Microcomputers Utility Software
GS-35F-195CA
Period Covered by Contract: February 23, 2015 to February 22, 2020
Prices current through Original Award
Social Economic status : SBA Certified 8(a) Program Participant, Small Business, Minority Owned Business and Small Disadvantaged Business.
1a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SINs):
132-8 – Equipment Purchase 132-12 – Maintenance and Repair of Equipment Purchase 132-33 –Perpetual Software
1b. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN :
132-8 – TrippLite # P420-001 for $.78. 132-12 – TrippLite # WEXT3-BP48V24 for $34.26. 132-33 – OpenText # OSMPI305700E0000Z-3 for $5.86.
2. MAXIMUM ORDER : $500,000 per SIN.
3. MINIMUM ORDER : $100.
4. GEOGRAPHIC COVERAGE : The Geographic Scope of Contract will be domestic and overseas delivery.
5. POINT OF PRODUCTION : Sioux City, IA, Woodbury County.
6. DISCOUNT FROM LIST PRICES : Government prices are net.
7. QUANTITY DISCOUNT : Additional 1% discount for single orders exceeding $100,000.
8. PROMPT PAYMENT TERMS : 1% Net 20.
9a. Government Purchase Cards are accepted at or below the micro-purchase threshold.
9b. Government Purchase Cards are not accepted above the micro-purchase threshold.
10. FOREIGN ITEMS : None.
11a. TIME OF DELIVERY : 30 Days.
11b. EXPEDITED DELIVERY : As mutually agreed with the ordering activity
11c. OVERNIGHT AND 2-DAY DELIVERY : As mutually agreed with the ordering activity.
11d. URGENT REQUIRMENTS : As mutually agreed with the ordering activity.
12. FOB POINT : DESTINATION.
13a. ORDERING ADDRESS :
Regency Consulting, LLC 700 4th Street Ste 310 Sioux City, IA 51101
13b. ORDERING PROCEDURES : For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405-3.
14. PAYMENT ADDRESS :
Regency Consulting, LLC 700 4th Street Ste 310 Sioux City, IA 51101
15. WARRANTY PROVISION : See pages 14 to 16.
16. EXPORT PACKING CHARGES : Not applicable.
17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE : Accepted at or below and above the micro-purchase level.
18. TERMS AND CONDITIONS OF MAINTENANCE (IF APPLICABLE): See pages 7 to 9.
19. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A
20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A
20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES : See pages
21. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): N/A
22. LIST OF PARTICIPATING DEALERS (IF APPLICABLE): N/A
23. PREVENTIVE MAINTENANCE (IF APPLICABLE): N/A
24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants): N/A
24b. Section 508 Compliance for EIT : The EIT standard can be found at: www.Section508.gov/ .
25. DUNS NUMBER : 029790073.
26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM OF AWARD MANAGEMENT (SAM) DATABASE : Yes. TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT
(SPECIAL ITEM NUMBER 132-8)
1. MATERIAL AND WORKMANSHIP
All equipment furnished hereunder must satisfactorily perform the function for which it is intended.
2. ORDER
Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order.
For credit card orders and BPAs, telephone orders are permissible.
3. TRANSPORTATION OF EQUIPMENT
FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract.
4. INSTALLATION AND TECHNICAL SERVICES
The equipment is self-installable. a. INSTALLATION. When the equipment provided under this contract is not normally self-installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule: b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies.
The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8. c. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased.
5. INSPECTION/ACCEPTANCE
The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
6. WARRANTY
a. Unless specified otherwise in this contract, the Contractor’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract.
NetGear – 5 years.
TrippLite – 180 Days to Lifetime – see Price List. Wyse – None, 1 Year or 3 Years. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.
d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows:
Regency Consulting, LLC 700 4th Street Ste 310 Sioux City, IA 51101
7. PURCHASE PRICE FOR ORDERED EQUIPMENT
The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less.
8. RESPONSIBILITIES OF THE CONTRACTOR
The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer.
9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT
When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46).
LIMITED HARDWARE WARRANTY
Thank you for selecting NETGEAR products.
Important!
To register your product, receive the complimentary support period, and view general product information and documentation, direct your Web browser to: https://my.netgear.com/registration/login.aspx
Please retain your receipt as proof of purchase.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE, PROVINCE, OR COUNTRY.
OTHER THAN AS PERMITTED BY LAW, NETGEAR DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY.
FOR OUR AUSTRALIAN CUSTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR GOODS WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED. If statutory guarantees apply by virtue of the Australian Consumer Law, those guarantees cannot be excluded, and you are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
For standard NETGEAR warranty support in Australia please call: 1 300 361 254. If you have a return authorization number given to you by NETGEAR technical support, please send your product to the following address:
Infoteam Oceania Pty Ltd.
Unit H, 10-16 South Str.
Rydalmere, Australia 2116
For standard NETGEAR warranty support in the United States, please call: 1-888-638-4327. PRODUCTS COVERED BY THIS WARRANTY
As indicated above, the benefits to the consumer given by this NETGEAR warranty do not exclude any other rights and remedies of the consumer under any law in relation to the goods and services to which the warranty relates. This warranty applies to any NETGEAR products you have purchased from an authorized NETGEAR reseller.
Our policy is to offer product warranties and to perform services only on products purchased from an authorized NETGEAR reseller and only accompanied by a receipt or proof of purchase. If you purchase a NETGEAR product from an unauthorized reseller or if the original factory serial number has been removed, defaced or altered, this NETGEAR warranty will not be valid.
Unfortunately, there are some websites and dealers who claim to be authorized NETGEAR resellers but are not. Products sold \on these websites or from these dealers do not carry a warranty from NETGEAR. When you purchase products from an unauthorized website or dealer, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed for use in your country. Please protect yourself and your NETGEAR product by ensuring that you only purchase NETGEAR products from an authorized reseller. If you have any questions about authorized resellers, please visit our website.
WHAT THIS WARRANTY COVERS
NETGEAR warrants its products contained in their original packaging against defects in material and workmanship when the products are used normally for their intended purposes.
All NETGEAR limited warranties begin on the date of purchase. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. The length of the limited warranty will vary depending upon the NETGEAR product you bought. Please see the product detail pages on netgear.com to determine the warranted period for your specific NETGEAR product.
All NETGEAR warranties (as opposed to statutory guarantees or non-excludable statutory warranties), including any implied warranties, are valid only for the period of time the NETGEAR product is owned by the “original purchaser” of the product. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the product from NETGEAR or a NETGEAR authorized reseller. All NETGEAR limited warranties, including lifetime warranties, are not transferable.
There are some components of current NETGEAR products, such as hard drives and power supplies, that may have warranty lengths that differ from the underlying NETGEAR product.
TO THE EXTENT PERMISSIBLE BY7 APPLICABLE LAW, THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WHAT IS NOT COVERED BY THE NETGEAR WARRANTY
This warranty does not apply if the NETGEAR product fails due to damage from shipment, handling, storage, accident, abuse or misuse, or if it has been used or maintained in a manner not conforming to product manual instructions, has been modified in any way, or has had any serial number removed or defaced. Repair or modification of the product by anyone other than NETGEAR or a NETGEAR approved agent will void this warranty.
YOUR RESPONSIBILITIES
In order to obtain warranty service under this NETGEAR warranty, during the NETGEAR product’s warranted period, as set forth above, you must submit a valid claim to NETGEAR by:
1. obtaining an RMA number by contacting NETGEAR technical support; 2. returning the failed product to the address provided by NETGEAR technical support; and 3. providing NETGEAR with proof of the original date of purchase.
NETGEAR will not accept collect shipments for warranty service, but replacement products will be returned to you at NETGEAR’s cost after completing the above three steps. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished or used parts may be used to repair the goods. If NETGEAR, by its sole determination, is unable to replace the defective product, it will refund the depreciated purchase price of the product.
IF YOUR NETGEAR PRODUCT IS CAPABLE OF STORING SOFTWARE PROGRAMS, DATA AND OTHER INFORMATION, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES. DURING WARRANTY SERVICE OR ANY OTHER TECHNICAL SUPPORT IT IS POSSIBLE THAT THE CONTENTS OF THE NETGEAR PRODUCT’S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT NETGEAR AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE NETGEAR PRODUCT SERVICED.
NETGEAR’S RESPONSIBILITIES
As long as you fulfill your obligations under “ YOURRESPONSIBILITIES ” above, NETGEAR will replace your product with the same or functionally equivalent product, at its discretion, free of charge.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETGEAR IS NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM USE OR MALFUNCTION OF NETGEAR PRODUCTS, COMPROMISE OR CORRUPTION OF DATA, LOSS OF PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS OR COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE NETGEAR PRODUCT, EVEN IF NETGEAR IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES (OR COUNTRIES OR PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS DOCUMENT DO NOT AFFECT YOUR STATUTORY RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW OR UNITED STATES CONSUMER LAW. Subject to any statutory rights you may have under the Australian Consumer Law or United States consumer law, to the fullest extent otherwise permitted by law and except as specifically provided in this document, the warranties and remedies in this warranty agreement are exclusive and in lieu of all others, oral or written, express or implied. Any and all other warranties are expressly excluded.
This warranty will be governed and construed in accordance with the laws of the country in which the NETGEAR product purchase took place.
Tripp Lite product warranty
The length of Tripp Lite's product warranty varies depending upon the country where the product was purchased and the type of product you purchased. Please refer to the limited warranty included in your product's manual. For information on a specific product and its limited warranty, select the model number of your product from the drop down list on the right. For additional information, please call Customer Support at (773) 869-1234 or submit your Technical Support Request online. If outside the U.S. or Canada, please call Customer Support at (773) 869-1313 or email your request to [email protected] . Tripp Lite will attempt to diagnose and resolve your issue over the phone, e-mail or through remote assistance. Tripp Lite may direct you to download and install designated software updates.
To obtain service under Tripp Lite's limited warranty, you must be the original purchaser/user of the product and you must obtain a Returned Material Authorization (RMA) number from Tripp Lite or an authorized Tripp Lite service center. Products must be returned to Tripp Lite or an authorized Tripp Lite service center within 30 days of the product deficiency and must be accompanied by a brief description of the problem encountered and proof of date and place of purchase. Call Tripp Lite Customer Service before sending any equipment back for warranty service.
TRIPP LITE'S LIMITED WARRANTY DOES NOT APPLY TO NORMAL WEAR OR TO DAMAGE RESULTING FROM ACCIDENT, MISUSE, ABUSE OR NEGLECT. TRIPP LITE MAKES NO WARRANTIES OTHER THAN THE LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED; AND TRIPP LITE'S WARRANTY EXPRESSLY EXCLUDES ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES. (Some states do not allow limitations or exclusion of implied warranties, and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. Tripp Lite's limited warranty gives you specific legal rights, and you may have other rights which vary from jurisdiction to jurisdiction).
Tripp Lite 1111 W. 35th Street Chicago, IL 60609 USA
WARNING: The individual user should take care to determine prior to use whether this device is suitable, adequate or safe for the use intended. Because individual applications are subject to great variation, Tripp Lite makes no representation or warranty as to the suitability or fitness of these devices for any specific application. The policy of Tripp Lite is one of continuous improvement. Specifications are subject to change without notice.
DELL WYSE WARRANTY STATEMENT
NOTE: Before proceeding, please verify if your product has a Dell service tag . For Dell service tagged products, please go to www.dell.com/support/wyse for more info.
If your product does not have a Dell service tag, please refer to the information below.
Dell Wyse warrants its products to be free from defects in material and workmanship for a period of one or three years after the date of purchase. Refer to the specific limited warranty card , which is shipped with each product, for exact warranty terms and conditions. Click here to see a copy of the 1-year or 3-year warranty card.
Date of purchase will be determined by a valid proof of purchase. The criterion for a valid proof of purchase is that it must be machine printed and include the following information:
• Name and address of purchaser • Purchase date • Model number(s) of product(s) purchased • Serial number(s) of product(s) purchased
In the event that a valid proof of purchase is not available, the warranty period will be determined by the date of manufacture. Date of manufacture is based on a date-coded serial number printed on the product label (usually found on the bottom or side of each thin client).
Dell Wyse Accessories
Dell Wyse accessories, keyboards, power adapters, mice for example when sold with a Dell Wyse thin client are warranted for the term of the product warranty. Accessories when purchased separately are warranted for 90 days. However when used with a product that is still under warranty the accessory will assume the remaining months of the product warranty or which ever is longer.
See table below to determine the standard warranty for the model that you purchased.
TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT
(SPECIAL ITEM NUMBER 132-12)
1. SERVICE AREAS a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a (Return to Depot *) mile radius of the Contractor’s service points. If any additional charge is to apply because of the greater distance from the Contractor’s service locations, the mileage rate or other distance factor shall be negotiated at the Task Order level.
* Tripp Lite, 1111 W. 35th Street , Chicago, IL 60609 – 773-869-1234
2. MAINTENANCE ORDER a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. The Contractor shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 132-12). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the Contractor. b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time, for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period. c. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice, or shorter notice when agreed to by the Contractor; such notice to become effective thirty (30) calendar days from the date on the notification. However, the ordering activity may extend the original discontinuance date upon written notice to the Contractor, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date. d. Annual Funding. When annually appropriated funds are cited on a maintenance order, the period of maintenance shall automatically expire on September 30th of the contract period, or at the end of the contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period. e. Cross-year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month, fiscal year period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years.
f. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of maintenance service, if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period.
3. SCOPE a. The Contractor shall provide maintenance for all equipment listed herein, as requested by the ordering activity during the contract term. b. Equipment placed under maintenance service shall be in good operating condition.
(1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor, without charge to the ordering activity.
(2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor, if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order.
(3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number 132-12 (or outside the scope of this contract).
4. RESPONSIBILITIES OF THE ORDERING ACTIVITY a. Ordering activity personnel shall not perform maintenance to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor. b. Subject to security regulations, the ordering activity shall permit access to the equipment which is to be maintained. c. If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order.
5. RESPONSIBILITIES OF THE CONTRACTOR a. For equipment not covered by a maintenance contract or warranty, the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas, this repair service should normally be done within 4 hours after notification. b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced, unless otherwise agreed to in advance between the Agency and the Contractor.
6. INVOICES AND PAYMENTS a. Maintenance Service
(1) Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE.
(2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day.
TERMS AND CONDITIONS APPLICABLE TO PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE
1. INSPECTION/ACCEPTANCE
The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software.
2. ENTERPRISE USER LICENSE AGREEMENTS REQUIREMENTS (EULA)
The Contractor shall provide all Enterprise User License Agreements in an editable Microsoft Office (Word) format.
3. GUARANTEE/WARRANTY a. Unless specified otherwise in this contract, the Contractor’s standard commercial guarantee/warranty as stated in the contract’s commercial pricelist will apply to this contract.
Opentext – 90 Days. OpenText warrants to Licensee that the media on which the Software is delivered to Licensee will be free from defects in materials and workmanship under normal use for sixty (60) days from the date of first delivery b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items.
4. TECHNICAL SERVICES
The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number 800-540-729 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 8:00 a.m. to 8:00 p.m. EST.
5. SOFTWARE MAINTENANCE a. Software maintenance as it is defined: (select software maintenance type) :
X 1. Software Maintenance as a Product (SIN 132-33)
Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self diagnostics.
6. UTILIZATION LIMITATIONS - (132-33) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following:
(1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified.
(2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity.
(3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions.
(4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of Disaster Recovery, the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping
(archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions.
(5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "Utilization Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend.
7. SOFTWARE CONVERSIONS - (132-33)
Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version.
8. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY
The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered.
Call 800-540-729 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 8:00 a.m. to 8:00 p.m. EST.
Exceed allows business users access to UNIX and Linux-based X Window applications from the comfort of their Windows desktop.
For organizations or departments that have light or occasional needs to access file resources on UNIX or NFS-enabled devices, OpenText NFS Gateway is the perfect solution. It offers compatibility, performance and reliability without adding management overhead.
OpenOnDemand is global provider of advanced software solutions. Our flagship product is a highly flexible Customer Relationship Management (CRM) solution designed for improving customer interactions. Our product was built to be scaled for companies in all stages of development, from the very small to large multinationals.
9. RIGHT-TO-COPY PRICING
The Contractor shall insert the discounted pricing for right-to-copy licenses. None.
OPEN TEXT CORPORATION’S END USER LICENSE AGREEMENT
OPEN TEXT END USER LICENSE AGREEMENT -- AMERICAS
This Open Text End User License Agreement -- Americas (“ EULA ”) is between WWWW, XXXX (" OT ") and YYYY , ZZZZ (" Licensee "), and is made as of the AA day of BBBB, 20CC (“ Effective Date ”).
Whereas , OT licenses software owned by Open Text Corporation and its affiliated companies and licensors;
Now Therefore , the Licensee desires to obtain from OT, and OT desires to grant to Licensee, certain licenses to use the specific software and documentation described in this EULA. Accordingly, in consideration of the mutual promises contained herein and of other good and valuable consideration, OT and the Licensee agree as follows:
1.0 Definitions
“Affiliate ” means any entity controlled by, controlling, or under common control with a party to this EULA. Control shall exist through ownership, directly or indirectly, of a majority of the outstanding equity capital and of the outstanding shares or other securities entitled to vote generally in elections of directors or similar officials. If an entity ceases to meet this criteria, it shall cease to be an Affiliate under this EULA;
“Applicable License Model Schedule” for each individual Software License means the schedule entitled “License Model Schedule -- Americas” attached hereto. This schedule shall be deemed to be incorporated by this reference into this EULA;
“Applicable Taxes” means the sales, use, consumption, goods and services, and value-added taxes imposed by the appropriate governments arising out of granting of licenses and shipment of Software under this EULA, except taxes imposed on OT's income;
“Attribution Notices ” has the meaning set out in section 13.13;
“Claim” has the meaning set out in section 10.1;
“Covered Countries ” means Canada, the United States, the United Kingdom, France, Spain, Italy, Austria, Belgium, the Netherlands, Sweden, Denmark, Finland, Norway, Switzerland, Germany, Australia, and New Zealand; ;
“Cure Period ” has the meaning set out in section 12.2;
“day” means a calendar day;
“Delivery Point” has the meaning set out in section 6.3;
"Documentation " means user guides, operating manuals, and release notes in effect as of the date of shipment of the applicable Software, that are authorized by OT for general release to OT licensees of such Software;
“Effective Date” is the date set out above;
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
“License Fees” means the non-refundable (save and except for refunds identified in sections 9.2 and 10.2) fees payable by Licensee to OT (or Reseller) with respect to the granting of Software Licenses hereunder;
“License Model” means the description of the conditions, limitations and restrictions associated with the Software License which govern the use of the Software;
“Order Document” has the meaning set out in section 6.1 or section 6.2 (as the case may be);
“Product Description ” means the description of the features and purpose of the Software set out in the “Products” area of Open Text public website found at www.opentext.com ;
“Reseller” has the meaning set out in section 6.2;
“Source Code Format ” means the source (or human readable) format of the Software when it has not been compiled and is not in a machine readable state. Examples include, but are not limited to JSP, XML, ASP, PHP, and O-Script.
"Software " means any and all software products as well as Documentation and Support Software licensed by OT to Licensee hereunder, including all copies thereof made by Licensee;
“Software License” means a license granted under this EULA by OT to the Licensee with respect to the Software;
"Support Software " means all maintenance and/or support software, updates, upgrades, patches, fixes and/or new versions of the Software provided to Licensee pursuant to an OT maintenance and/or support program, together with all related Documentation provided to Licensee pursuant to such program;
“Term” has the meaning set out in section 12.1;
“Third Party Software” has the meaning set out in section 13.14; “UCITA ” has the meaning set out in section 13.12;
2.1 Ownership of the Software
2.2 Ownership. The Software is protected by Canadian, United States, and other national and international copyright laws and treaties, as well as other laws and treaties. The Software is a trade secret of Open Text Corporation, its Affiliates and/or its licensors, and is their confidential information. None of the Software is being sold. All ownership, license, intellectual property, and other rights and interests in the Software shall remain solely with Open Text Corporation, its Affiliates or its licensors.
3.1 License Grant
3.2 Grant of License. OT grants to Licensee a perpetual (subject to the termination provisions in section 12), non-exclusive, non-assignable (save and except for the assignment provisions set out in section 13.5) , non- transferrable, non-sublicenseable, world- wide (save and except for applicable export restrictions identified in section 13.10) license to download, install and execute the Software identified in the applicable Order Document subject to: a) the quantities of Software Licenses identified in the applicable Order Document, b) the restrictions, conditions and limitations associated with the applicable License Model, c) the product specific use restrictions and/or limitations set out in the Applicable License Model Schedule and applicable Order Document, d) the restrictions, conditions and limitations set out in the applicable Order Document or
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
Documentation, and e) the restriction that the Software may only be used in a manner consistent with the intended purpose of the Software as described in the Product Description. Notwithstanding the above, in the event that the applicable License Model or the applicable Order Document indicate that the Software License has a limited term specified in months or years, such a Software License shall not be perpetual.
3.2 Applicable License Models. The only License Models that are applicable to each individual Software License are the License Models identified and described in: a) the Applicable License Model Schedule, and b) the applicable Order Document.
3.2.1 For a License Model description found in the applicable Order Document to be effective, it must include the following details: a) the basis of the License Model (ex. named user, concurrent user, anonymous user, server, cpu, instance, etc.), b) if there is any limitation on the use of the Software, c) if additional Software Licenses are required to be purchased in conjunction with the Software License being purchased (ex. server licenses are required in conjunction with named user licenses), and d) if the use of the Software is restricted to employees or contractors of the Licensee.
3.2.2 If a License Model description found in the applicable Order Document satisfies the requirements of section 3.2.1, and there is also a description found in the Applicable License Model Schedule for the same License Model, then the description found in the applicable Order Document prevails to the extent of any inconsistency.
3.2.3 If a License Model description found in the applicable Order Document does not satisfy the requirements of section 3.2.1, but there is a description found in the Applicable License Model Schedule for the same License Model, then the description found in the Applicable License Model Schedule prevails to the extent of any inconsistency.
3.2.4 If a License Model description found in the applicable Order Document does not satisfy the requirements of section 3.2.1, and there is no description found in the Applicable License Model Schedule for the same License Model, then the following provisions apply: a) License Models that refer to “named users” or “users” are deemed to be the Standard Named User License Model, b) License Models that refer to “concurrent users” are deemed to be the Standard Concurrent User License Model, c) License Models that refer to “anonymous users” are deemed to be the Standard Anonymous User License Model, d) License Models that refer to “server” are deemed to be the Standard Server License Model, e) License Models that refer to “cpu” or “central processing unit” are deemed to be the Standard CPU License Model, and f) License Models that refer to “instance” are deemed to be the Standard Instance License Model. For the purposes of this section 3.2.4, the applicable descriptions and definitions of Standard Named User License Model, Standard Concurrent User License Model, Standard Anonymous User License Model, Standard Server License Model, Standard CPU License Model, and Standard Instance License Model, shall be those descriptions and definitions set out in the Applicable License Model Schedule (but in the event that the description and definition of such License Models is not set out in the Applicable License Model Schedule, the descriptions and definitions found in the version of the document entitled “License Model Schedule – Americas” found at www.opentext.com/agreements which was effective as of the effective date of the applicable Order Document, shall apply).
3.2.5 If no License Model is identified in the applicable Order Document, the applicable License Model is deemed to be the Standard Named User License Model, as set out in the Applicable License Model Schedule (but in the event that the description and definition of Standard Named User License Model is not set out in the Applicable License Model Schedule, the description and definition found in the version of the document entitled “License Model Schedule – Americas” found at www.opentext.com/agreements which was effective as of the effective date of the applicable Order Document, shall apply).
3.2.6 Notwithstanding any other provision in this EULA: a) all Applicable License Model Schedules shall be limited to the description of License Models and product use restrictions, and any terms and conditions found in
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
an Applicable License Model Schedule that purport to deal with any other concepts shall be of no force and effect, b) in no event shall the terms, conditions and definitions found in an Applicable License Model Schedule be deemed modify or amend the terms and conditions found in this EULA, and c) in the event of any conflict or inconsistency between an Applicable License Model Schedule and this EULA, the terms and conditions found in this EULA shall prevail.
3.3 Modification of the Applicable License Model Schedule and the creation of additional Applicable License Model Schedules. The parties may modify, add, remove or otherwise amend the description of the License Models with a written amendment to the Applicable License Model Schedule or by the creation of additional Applicable License Model Schedules. Any amendments or additional schedules must be in writing and signed by both parties. Unless otherwise provided for in an amendment or schedule, previously granted Software Licenses shall be governed by the description and definition of the Licenses Model found in the Applicable License Model Schedule which was in effect as of the effective date of the applicable Order Document and not in any subsequent versions of the Applicable License Model Schedule which were effective after the effective date of the applicable Order Document.
3.4 Allocation of Licenses to Affiliates. Unless prohibited under the applicable License Model, the Licensee may allocate Software Licenses granted under this EULA to its Affiliates, provided that the Licensee remains responsible to ensure that the use of the Software by an Affiliate is in full compliance with this EULA (including the Applicable License Model Schedule and the applicable Order Document) and the Licensee is liable for any breach of the EULA by an Affiliate.
4.1 Authorized Copies
4.2 Documentation. Licensee shall not modify the Documentation. Licensee may make copies of the Documentation provided: (a) the number of copies made does not exceed the number of associated Software Licenses granted to the Licensee; (b) each copy is only used by individuals who are permitted to access the Software under this EULA; and (c) no copies are distributed or used to conduct training for which Licensee, or any other party, receives a fee. Licensee shall not copy Open Text Corporation’s system schema reference document, or any other system schema reference document related to the Software, if it is provided to Licensee.
4.3 Software. Licensee may only make as many copies of the Software as is reasonably required to allow the Licensee to make use of the Software in accordance with the terms, conditions and limitations of the applicable Software License. No other copies of the Software shall be made. Licensee shall: (a) assign an identifier number to each copy of the Software made by Licensee; and (b) maintain a system sufficient to track the location of each such copy. Each copy of the Software (or Documentation) made by Licensee hereunder must contain the same copyright and other proprietary notices that appear on the original copy provided to Licensee.
5.1 Restrictions
5.2 General Restrictions. Except as otherwise provided in the applicable License Model, the applicable Order Document or the applicable Documentation, Licensee shall not (and shall not permit any other party to): (a) assign, transfer, sublicense or redistribute the Software to any party in whole or in part; (b) rent, time share, or operate a service bureau with the Software; (c) charge a fee to any party for access to or use of the Software; or (d) install, use, or make available the Software for any online application service provider business, internet service provider business, or other online software rental business. Licensee shall not publish or disclose results of any benchmark or other test run on the Software without OT’s prior written consent. Licensee shall not use the Software for the on-line control of aircraft, air traffic, aircraft navigation, or aircraft communications, or in the design, construction, operation or maintenance of any nuclear facility, or for medical or surgical applications, or any other application in which failure could create a situation where personal injury or death
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
could occur. Except as expressly permitted under applicable law, Licensee shall not modify any of the Software, nor adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, nor take any other steps to discover the confidential information or trade secrets in the Software.
5.3 Derivative Works. Licensee is prohibited from creating (a) any modification, change, translation, addition, enhancement, extension, upgrade, update or improvement of the Software, (b) any work resulting from the porting of the Software to a different operating environment or platform, (c) any new software program based on (i) the Software or any identifiable portion of the Software or (ii) the Software or any identifiable portion of the Software as combined with any other new or pre- existing works, or (d) any other work constituting a derivative of the Software under applicable copyright laws. Notwithstanding the above, in the event that a portion of the Software is provided to the Licensee by OT in Source Code Format, the Licensee may modify such portion of the Software for the sole purpose of implementing and using the Software in accordance with the terms of this EULA, and Open Text Corporation shall own all modified portions.
5.4 Interfacing and Interactive Software. The Licensee is prohibited from causing any software products not owned or licensed by OT to interface or interact with Software licensed hereunder, except where such interfacing or interaction is accomplished through the use of application program interfaces provided by OT.
6.1 Ordering Software Licenses
6.2 Direct Orders. If the Licensee is placing an order for Software Licenses directly with OT, the Software Licenses must be identified on an Order Document acceptable to OT. For the purposes of orders for Software Licenses placed directly with OT, the term “Order Document ” means either: a) a written order schedule signed by both parties which references this EULA (a template of which is attached to this EULA), b) a purchase order, or other similar documentation, which references this EULA and which is issued by the Licensee and accepted by OT, or c) any other document which references this EULA and is acceptable to OT. In the event that such an Order Document references a quotation prepared by OT, such quotation shall be deemed to be part of the Order Document. All Order Documents are governed by and incorporated by reference into this EULA. All Order Documents must describe the Software being licensed, the applicable License Model, the quantity of Software Licenses being ordered, the applicable License Fees, and the applicable first-year support and maintenance fees. Except as otherwise provided for in this EULA, any terms and conditions on the front or back of any Order Document which conflict with or are inconsistent with the terms of this EULA shall have no legal effect.
6.3 Orders through an OT Reseller. If the Licensee places an order for Software Licenses through an authorized OT reseller (“ Reseller ”), the Software Licenses granted under this EULA must be identified on an Order Document acceptable to the Reseller. For the purposes of orders for Software Licenses placed through a Reseller, the term “Order Document ” means either: a) a written order schedule signed by the Reseller and the Licensee which references this EULA (a template of which is attached to this EULA), b) a purchase order, or other similar documentation, which references this EULA and which is issued by the Licensee and accepted by the Reseller, or c) any other document which references this EULA and is acceptable to the Reseller. In the event that such an Order Document references a quotation prepared by the Reseller or OT, such quotation shall be deemed to be part of the Order Document. All Order Documents are governed by and incorporated by reference into this EULA. All Order Documents must describe the Software being licensed, the applicable License Model, the quantity of Software Licenses being ordered, the applicable License Fees, and the applicable first-year support and maintenance fees. Except as otherwise provided for in this EULA, any terms and conditions on the front or back of any Order Document which conflict with or are inconsistent with the terms of this EULA shall have no legal effect.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
6.4 Risk of Loss and Shipping Terms. Title to the physical media containing the Software and all risk of loss for the media and Software shall pass to Licensee when delivered by OT to the shipping dock of the OT shipping facility (" Delivery Point "), at which time the Software is deemed shipped to the Licensee. If the physical media is lost or damaged prior to the Licensee obtaining physical possession, OT shall immediately provide a replacement copy of the physical media free of charge. If OT is providing the Software by way of electronic download, the Software Licenses are deemed shipped when OT has made the Software available to the Licensee for electronic download.
6.5 Timely Payment to OT. The Software Licenses are conditional upon Licensee making timely and complete payment to OT (or Reseller) of all License Fees and Applicable Taxes. If OT (or Reseller) is obligated to pay any Applicable Taxes on behalf of Licensee, Licensee shall reimburse OT in full promptly following receipt of OT’s invoice. All Applicable Taxes pertaining to Software Licenses are in addition to the License Fees due to OT (or Reseller) under this EULA. All License Fees and Applicable Taxes due to OT (or Reseller) under this EULA are payable to OT in US dollars, unless the parties mutually agree otherwise in the applicable Order Document.
6.6 Invoicing And Payment. OT (or Reseller) may invoice Licensee for License Fees and Applicable Taxes upon shipment of Software Licenses. All License Fees and Applicable Taxes due to OT (or Reseller) by Licensee shall become due and payable upon Licensee’s receipt of an invoice from OT (or Reseller). All Applicable Taxes shall be borne by Licensee. If any such tax or duty has to be withheld or deducted from any payment under this Agreement, Licensee shall increase payment under this Agreement by such amount as shall ensure that after such withholding or deduction OT shall have received an amount equal to the payment otherwise required. All License Fees and Applicable Taxes due to OT under this EULA which are not paid in full within 30 days following its due date shall bear interest at a rate of 1.5% per month (18% per annum) or the maximum amount allowed by law, if less, on the unpaid portion until fully paid.
6.7 Over Usage. OT may, at any time, estimate and invoice Licensee for any and all License Fees and Applicable Taxes payable by Licensee to OT as a result of any access or use of the Software by, or through, Licensee in excess of the number or type of OT Software Licenses granted by OT. Licensee shall pay the invoice in accordance with this EULA.
6.8 Licensee Affiliate Orders. Affiliates of the Licensee may place orders for Software Licenses under this EULA, and in such circumstances, the Affiliate of the Licensee shall be deemed to be the Licensee for the purposes of this EULA and shall be bound by all of the terms and conditions of this EULA as if it were the Licensee. Notwithstanding the above, the Licensee shall remain liable to OT for any breach of this EULA committed by the Affiliate of the Licensee.
6.9 OT Affiliate Orders. The Licensee may place orders for Software Licenses under this EULA with Affiliates of OT, and in such circumstances, the Affiliate of OT shall be deemed to be OT for the purposes of this EULA and shall be bound by all of the terms and conditions of this EULA as if it were OT. Notwithstanding the above, OT shall remain liable to the Licensee for any breach of this EULA committed by the Affiliate of OT.
7.1 OT Support and Maintenance.
7.2 OT Support and Maintenance Program. Unless otherwise agreed by the parties in writing, all Support Software and related Documentation provided to Licensee pursuant to an OT maintenance or support program is governed by this EULA. The provision of support and maintenance services by OT to the Licensee shall be independently and separately governed by the terms of the then-current version of the OT standard Software Maintenance Program Handbook (a copy of which is available upon request or at www.opentext.com/agreements ).
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
8.1 Audits and Noncompliance.
8.2 Audit. During the Term and for 12 months thereafter: (a) Licensee shall maintain electronic and/or other records sufficient for OT to confirm that Licensee has complied with this EULA; (b) Licensee shall make available to OT, upon OT’s request, copies of Licensee’s Software login accounts (with all personal data and other information that could identify a specific individual removed) and records of the location of the Software; (c) OT may audit Licensee’s records and computer systems to ensure Licensee has complied with this EULA, and (d) Licensee shall promptly and accurately complete and return any self-audit questionnaire supplied by OT along with a certification by an officer of Licensee confirming that Licensee's responses to the questionnaire accurately and fully reflect Licensee's usage of the Software. Licensee will promptly reply to audit confirmation requests from OT’s internal or external auditors.
8.3 Conduct. Each audit shall be conducted during regular business hours at Licensee’s facilities and shall not interfere unreasonably with Licensee’s business. OT shall provide Licensee with seven (7) days prior notice of each audit. Licensee shall co-operate with OT's audit team, provide access to Licensee records, and allow OT to make and remove copies of Licensee records for the above purposes.
8.4 Noncompliance. If at any time Licensee is out of compliance with the Software Licenses granted hereunder, Licensee will be deemed to have acquired additional Software Licenses at OT’s then-current list price License Fees to the extent necessary to bring Licensee into compliance, and Licensee must immediately pay: a) the applicable License Fees, b) the Applicable Taxes, and c) the maintenance and support fees related to the period during which Licensee was using the Software in an unlicensed fashion. If any audit reveals that Licensee has failed to comply with this EULA, Licensee shall also make payment to OT of all audit and other costs incurred by OT in performing the audit.
9.1 Limited Warranties
9.2 Limited Media Warranty. OT warrants to Licensee that the media on which the Software is delivered to Licensee will be free from defects in materials and workmanship under normal use for sixty (60) days from the date of first delivery to Licensee. OT’s entire liability to Licensee, and Licensee's sole remedy against OT, for breach of this warranty is limited to OT replacing the defective media.
9.3 Limited Software Warranty. OT warrants to Licensee that the Software delivered to Licensee under this EULA: (a) will be free of all known viruses at the time of first delivery to Licensee; and (b) will perform substantially in accordance with its accompanying Documentation for sixty (60) days from the date of first delivery of the Software to Licensee. OT’s entire liability, and Licensee's sole remedy against OT, for each breach by OT of the warranty contained in: (i) Section 9.2 (a) above shall be limited to requiring OT to deliver a replacement copy of the relevant Software to Licensee free of known viruses; and (ii) Section 9.2 (b) above shall be limited to requiring OT to correct or work around the portion of the Software giving rise to such breach within a commercially reasonable period of time, failing which OT shall refund all License Fees paid to OT by Licensee hereunder which are attributable to the portion of the Software giving rise to the breach.
9.4 Warranty Exclusions. The warranty in Section 9.2 shall not apply to any breach caused by: (a) any change to the Software, except where such changes were made by OT in relation to the provision maintenance and support services; (b) Licensee's failure to provide a suitable installation or operating environment for the Software; (c) use of the Software on a software or hardware platform not approved by OT in writing; (d) software, hardware, firmware, data, or technology not licensed or approved by OT in writing; (e) any telecommunications medium used by Licensee; (f) Licensee's own computer system; or (g) failure of Licensee and/or user to comply with the Documentation. OT does not warrant that the Software is error-free or will operate without interruption.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
9.5 WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN SECTIONS 9.1 AND 9.2 ABOVE, OT AND OT’S LICENSORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF EVERY KIND PERTAINING IN ANY WAY TO THE MEDIA OR SOFTWARE LICENSED BY OT UNDER THIS EULA, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, USAGE OF TRADE, COURSE OF DEALING, CUSTOM, OR OTHERWISE. NEITHER OT NOR OT'S LICENSORS, MAKE ANY REPRESENTATION, NOR PROVIDE ANY WARRANTY OR CONDITION, REGARDING THE ADEQUACY OF THE MEDIA OR SOFTWARE FOR ANY PARTICULAR PURPOSE, OR THE ADEQUACY OF THE MEDIA OR SOFTWARE TO PRODUCE ANY PARTICULAR RESULT.
9.5 Inability to Exclude Warranties. Some jurisdictions do not allow the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages. If any jurisdiction having applicability to this EULA does not permit any such exclusion or limitation: (a) each warranty which cannot be excluded shall be limited in time to sixty (60) days from the date of first delivery of the applicable Software; and (b) OT's total liability to Licensee for breach of any or all such warranties shall be limited to the amount stated in section 11.2 of this EULA.
10.1 OT Infringement Indemnity
10.2 Defense and Indemnity Against Claims. OT shall defend Licensee from any claims, suits, actions or proceedings brought against Licensee in a court of competent jurisdiction by a third party which allege an infringement of such third party’s patent, copyright, or trade secret rights of which OT is aware existing under the laws of the Covered Countries (individually and collectively referred to as a “Claim ”) , to the extent that such Claim arises solely as a result of Licensee's use of the Software within one or more of the Covered Countries in accordance with the provisions of this EULA and the applicable Documentation, and provided: (a) the alleged or actual infringement was not caused by the use of a superseded version of the Software if the infringement would have been avoided by the use of a then-current release of the Software; and (b) the alleged or actual infringement was not caused by the modification of the Software by any party other than OT; and (c) the alleged or actual infringement was not caused by the combination or use of the Software with software, hardware, firmware, data, or technology not licensed to Licensee by OT or approved by OT in writing; and (d) Licensee notifies OT in writing within ten (10) days of Licensee first becoming aware of each such Claim; and (e) Licensee does not make any admission against OT’s interests; and (f) Licensee does not agree to any settlement of any Claim without the prior written consent of OT; and (g) Licensee, at the request of OT, provides all reasonable assistance to OT in connection with the defense, litigation, and/or settlement by OT of the Claim; and (h) OT has sole control over the selection and retainer of legal counsel, and over the litigation or the settlement of each Claim. OT shall also indemnify Licensee from any judgment finally awarded, for which all avenues of appeal have been exhausted, or any final settlement in connection with any such Claims, provided all of the conditions set out above related to the defense of such Claims are satisfied.
10.3 Licensee's Continued Use. If the Software or its intended use become, or in OT's opinion is likely to become, the subject of a Claim covered by the defense and indemnity provisions in section 10.1 above, OT shall, at its option, either obtain for Licensee a nonexclusive license to continue using the infringing portion of the Software or replace or modify the infringing portion of the Software without reasonable degradation in functionality in order to make it non-infringing. If neither of these solutions is reasonably available as determined by OT in OT's absolute discretion, OT shall refund the unamortized portion of the License Fees received by OT from Licensee under this EULA attributable to the infringing portion of the Software, based on a three (3) year straight line amortization commencing on the date of first delivery of the Software to the Licensee. OT’s entire liability, and Licensee’s sole and exclusive remedy with respect to any Claims shall be limited to the remedies set out in sections 10.1 and 10.2 of this EULA.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
11.1 Limitation of Overall OT Liability
11.2 DISCLAIMER OF DAMAGES / LOSSES . NOTWITHSTANDING ANY PROVISION IN THIS EULA, ANY AND ALL BREACHES BY OT OF THIS EULA (INCLUDING FUNDAMENTAL BREACH), THE TERMINATION BY OT OF THIS EULA, OR ANY OBLIGATION THAT OT MAY HAVE IN CONTRACT, TORT, EQUITY, AT LAW, OR OTHERWISE; IN NO EVENT SHALL OT BE LIABLE OR OBLIGATED TO LICENSEE, TO ANY USER OF THE SOFTWARE, OR TO ANY OTHER PARTIES FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES; OR (B) ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST DATA, OR REPROCUREMENT AMOUNT; EVEN IF OT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY CONTAINED HEREIN.
11.3 LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS EULA, OT’S TOTAL, CUMULATIVE, AND AGGREGATE LIABILITY AND OBLIGATION TO LICENSEE: (A) ARISING UNDER THE PROVISIONS OF THIS EULA; (B) FOR ANY AND ALL BREACHES BY OT OF THIS EULA (INCLUDING FUNDAMENTAL BREACH) OR THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY CONTAINED HEREIN; (C) FOR ANY TERMINATION BY OT OF THIS EULA; OR (D) FOR ANY OTHER ACT, OMISSION, OR EVENT RELATED IN ANY WAY TO THIS EULA; SHALL NOT EXCEED THE TOTAL AMOUNT OF LICENSE FEES RECEIVED BY OT (OR RESELLER) FROM LICENSEE UNDER THIS EULA, WHETHER OT'S LIABILITY IS BASED IN CONTRACT, TORT, EQUITY, AT LAW, OR UPON ANY OTHER THEORY OF LIABILITY. LICENSEE AGREES THAT OT WOULD NOT HAVE ENTERED INTO THIS EULA WITHOUT THIS SECTION 11 BEING INCLUDED HEREIN.
12.1 Term and Termination
12.2 Term. The term of this EULA shall begin on the Effective Date and shall continue in full force until terminated pursuant to this Section 12 (" Term ").
12.3 Termination For Default. Either party may terminate this EULA for default if the other party: (a) becomes insolvent; (b) files any proceeding in bankruptcy or acquires the status of a bankrupt; (c) has a receiver or receiver manager appointed with respect to it or any of its assets; (d) seeks the benefit of any statute providing protection from creditors or takes or suffers any similar or analogous procedure, action or event in consequence of debt in any jurisdiction. Either party may also terminate this EULA for default if the other party breaches any provision of this EULA provided: (i) the non-breaching party provides the breaching party with written notice of breach and a ten (10) day period to cure the breach (" Cure Period "); and (ii) the breaching party fails to cure each breach by the end of the Cure Period. Any termination of this EULA shall be without prejudice to each right or remedy which the non-breaching party may possess against the breaching party under this EULA, at law, in equity, or otherwise.
12.4 Effect of Termination -- Generally. Except in the event of a termination for default under section 12.2 based on breach of this EULA by OT, upon any termination or expiry of this EULA: (a) all licenses granted by OT herein shall immediately terminate; (b) Licensee shall immediately cease all use of the Software; c) sections 2, 4, 5, 6.4, 6.5, 6.6, 7, 8, 11, 12, and 13 of this EULA shall survive and shall continue in full force; and d) Licensee must either deliver to OT or destroy all originals and copies of Software, Documentation and OT Confidential Information in Client’s possession, custody or control. Within fifteen (15) days after such termination, one of Licensee’s authorized officers must certify in writing to OT that all such originals and copies have been so delivered or destroyed.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
12.5 Effect of Termination – Based on breach by OT. In the event of a termination for default under section 12.2 based on breach of this EULA by OT: a) licenses granted by OT herein shall not terminate, and b) sections 1, 2, 3, 4, 5, 6.6, 8, 9.3, 9.4, 9.5, 11 and 13 of this EULA shall survive and shall continue in full force.
13.1 Miscellaneous Provisions
13.2 Confidentiality. Licensee shall: (a) receive and maintain the Software in confidence; and (b) use the same degree of care with respect to the Software as Licensee employs to protect Licensee's own confidential or trade secret information from unauthorized use, duplication or disclosure, but not less than a high degree of care.
13.3 Automated Verification. Licensee acknowledges that the Software may contain a license key to prevent unauthorized installation or to enforce limits of a particular Software License, and may contain devices to monitor compliance with Licensee's license obligations under this EULA.
13.4 Developer Tools. If the Licensee creates additional software code or software products using software developer tools licensed by OT to Licensee (collectively “Licensee Software ”), OT shall not be responsible or liable in any way for the development or use of such Licensee Software and Licensee shall defend and indemnify OT against any claims, damages, costs, losses or expenses related to the development or use of the Licensee Software.
13.5 Independent Contractors. OT and Licensee are independent contractors. Neither OT nor Licensee shall have any authority to bind the other in any manner.
13.6 Waiver, Amendment, Assignment. No waiver of any provision of this EULA is binding on either party unless set out in a mutually signed written waiver. This EULA shall only be amended by a written document signed by OT and Licensee stating such document is an amendment or an addendum hereto. This EULA may be assigned by OT to an Affiliate of OT or to a successor-in-interest/title of OT without consent. This EULA shall not be assigned by Licensee, in whole or in part, without OT's prior written consent.
13.7 Vienna Convention. All provisions of the United Nations Convention on Contracts for the International Sale of Goods are hereby rejected by the parties and excluded from this EULA in their entirety.
13.8 Governing Law. This EULA shall be governed by the laws of the Province Of Ontario (Canada) excluding its conflicts or choice of law rules. Except for injunctive relief required by OT to protect its intellectual property, all related litigation shall occur in the courts located in such jurisdiction. If Licensee or OT commence any litigation or proceeding against the other related to this EULA, the prevailing party shall be entitled to an award of its reasonable attorneys fees and court costs.
13.9 Force Majeure. Except for payment obligations (including License Fees, maintenance and support fees, and Applicable Taxes) or any obligations relating to the protection of or restrictions applicable to the other party's confidential information or intellectual property, neither party shall be liable to the other or be in breach of this EULA due to any failure or delay in performance of its obligations to the extent the failure or delay arises (and only for the duration that the affected party is precluded from performing) as a result of acts of God, fire, disaster, explosion, vandalism, storm, adverse weather conditions, strikes, labor disputes or disruptions, epidemics, wars, national emergencies, riots, civil disturbances, shortages of materials, actions or inactions of government authorities, terrorist acts, lockout, work stoppages or other labor difficulties, border delays, failures or interruptions of utilities or telecommunications equipment or services, system failures or any other cause that is beyond the reasonable control of that party.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
13.10 Severability. Should any provision of this EULA be deemed contrary to applicable law or unenforceable by any court of competent jurisdiction, the provision shall be considered severed from this EULA but all remaining provisions shall continue in full force.
13.11 Export Laws. Software, including Documentation and technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Licensee agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software, Documentation and/or technical data.
13.12 Press Release. Licensee agrees OT may use and disclose Licensee’s name and the nature of this EULA in an OT public press release and marketing materials.
13.13 UCITA Not Applicable. Licensee and OT agree that the Uniform Computer Information Transactions Act, or any version thereof, adopted by any state located in the United States, in any form (“ UCITA ”) shall not apply to this EULA. To the extent that UCITA is applicable, the parties agree to opt out of the applicability of UCITA pursuant to the opt-out provisions contained therein.
13.14 Attribution Notices. Within the Software, including the graphical user interfaces of the Software, OT has inserted various ownership, attribution or branding notices (all such notices and instances collectively referred to as "Attribution Notices "). Without prior written consent of OT, the Licensee shall not: a) remove, modify, obscure, re-size or re-locate Notices, or b) cause any Notices to become not visible to any users of the Software.
13.15 Third Party Software. OT may resell licenses to software products owned by third parties (“ Third Party Software ”). If OT resells licenses to Third Party Software to the Licensee, the use of Third Party Software is governed by a license agreement between the owner of such software and the Licensee. OT does not provide any warranties related to the use or functionality of Third Party Software, and the parties agree that OT has no liability or obligation to the Licensee related to the use or licensing of Third Party Software. The fact that OT and the Licensee include or identify the resale of licenses for Third Party Software on an Order Document that also includes or identifies OT Software Licenses, does not imply that OT is licensing Third Party Software.
13.16 US Government End Users-Restricted Rights Legend. If the Software is being licensed directly or indirectly on behalf of the United States government, the following shall apply. For civilian agencies and departments: the Software was developed at private expense and is "restricted computer software" submitted with restricted rights in accordance with subparagraphs (a) through (d) of the Commercial Computer Software- Restricted Rights clause of FAR 52.227-19 and its successors, and it is unpublished and all rights are reserved under the copyright laws of the United States. For units of the Department of Defense, the Software is “commercial computer software” and “commercial computer software documentation” under the Rights in Computer Software and Computer Software Documentation clause of DFAR 227.7202-3 (a) and its successors, and all use, duplication or disclosure is subject to the license and restrictions set forth in this EULA.
13.17 Entire License Agreement. This EULA, together with each written and signed schedule, each Applicable License Model Schedule, each applicable Order Document, and each written and signed addendum, sets forth the entire agreement between OT and Licensee with respect to the subject matter hereof, and supersedes all prior related oral and written agreements and understandings between the parties. Neither party is bound by or is liable for any alleged representation, promise, nor inducement not expressly stated in this EULA.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
13.18 Third Party Rights. No term of this EULA is intended to confer a benefit on, or to be enforceable by, any person or entity who is not a party to this EULA.
13.19 Legal Review and Interpretation. It is acknowledged that this EULA was initially prepared by OT. Both parties, however, have had an opportunity for legal review of all terms. The parties therefore agree that, in interpreting any issues which may arise, any rules of construction related to who prepared the EULA shall be inapplicable, each party having contributed or having had the opportunity to clarify any issue. In addition, the headings used in this EULA are for convenience only and do not in any way limit or otherwise affect the meaning of any terms of this EULA.
13.20 Notices. Any notice under this EULA that must be given by a party in writing is deemed effective when sent via Federal Express or other commercial courier to the other party’s address specified at the beginning of this EULA or on the most recent Order Document.
13.21 Hardware. If OT sells computer/IT hardware along with Software Licenses, the legal terms and conditions which govern the purchase, sale and use of such hardware are the subject of a separate agreement between the parties (even if such hardware is identified in an Order Document governed by this EULA). Unless the separate agreement provides differently, OT disclaims all warranties and liability with respect to the purchase, sale and use of the hardware.
WWWW YYYY
Name: Name:
Title: Title:
Date: Date:
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
License Model Schedule for the Open Text End User License Agreement -- Americas between WWWW (“OT”) and YYYY (“Licensee”) dated ZZZZ (“the EULA”)
1) Introduction
This License Model Schedule includes three types of provisions: a) Definitions (section 2), b) License Model descriptions (sections 3 – 13), and c) Product Specific Use Restrictions and/or Limitations (section 14).
2) Definitions
In the event of any conflict between definitions found in this License Model Schedule and definitions found in the EULA, the definitions found in this License Model Schedule will prevail to the extent of any inconsistency. Any capitalized terms used in this Schedule and for which a definition is not provided below, shall have the meaning set out in the EULA.
a) “Affiliate ” means any entity controlled by, controlling, or under common control with a party to the EULA. Control shall exist through ownership, directly or indirectly, of a majority of the outstanding equity capital and of the outstanding shares or other securities entitled to vote generally in elections of directors or similar officials. If an entity ceases to meet this criteria, it shall cease to be an Affiliate under the EULA and this License Model Schedule.
b) “Citrix/TSE Environment ” means (for the purposes of the Connectivity Products License Models only) a single Computer or a single cluster of Computers on which Citrix Metaframe for Windows, Citrix Presentation Server for Windows, Citrix XenApp, Microsoft Terminal Services, or Microsoft Remote Desktop Services is installed.
c) “Client ” means any personal computer, workstation, laptop computer, desktop computer, netbook computer, tablet computer, smart phone, mobile communication device, point-of-sale device (such as a cash register), computer used as a scanning station, or other similar computer or device on which the Software is loaded or executed.
d) “Cluster ” means a single set of data (or single database) processed by two or more Instances of the Software installed on one or more Servers.
e) “Computer ” means (for the purposes of the Connectivity Products License Models only) a single computer device, regardless of platform or operating environment, on which Licensee will install and/or use the Software.
f) “CPU ” means a single central processing unit (a single processing core).
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
g) “Derivative Works ” means any modification, change, translation, addition, enhancement, extension, upgrade, update, or improvement made to the Software by the Licensee using Software licensed under the Developer Named User License Model.
h) “Digital Asset ” means a single XML representation of a piece of digital content (for example: an image caption/thumbnail, an article, a blog posting, a video caption/thumbnail, etc.)
i) “Documentation ” means user guides, operating manuals, and release notes in effect as of the date of shipment of the applicable Software, that are authorized by Open Text Corporation for general release to OT licensees of such Software.
j) “Electronic Employee File ” means the set of all electronic documents and records relating to an individual human being and subject to management by the human resources department in a single employee master record.
k) “Environment ” means an area within a computer system designated to operate for a specific purpose (examples include but are not limited to: test, production, development, archive, and disaster recovery).
l) “Logical CPU ” means a single virtual central processing unit that is formed by multiple CPUs (of a particular type), provided that the maximum aggregate capacity of such virtual central processing unit to execute the Software must not exceed the capacity of a single CPU (of such particular type) to execute the Software.
m) “Multi-Function Product Device ” means a single office machine which incorporates printing, scanning, photocopying, faxing and/or emailing functionality in a single device, so as to have a smaller physical footprint or to provide centralized document management, distribution and/or production in a large office setting.
n) “Network Scanning Device ” means a single office machine that optically scans documents and converts them to a digital image, and makes such images available on a network location or emails such images.
o) “Network Server Computer ” means a single physical network server computer owned by the Licensee upon which a single copy of an operating system (such as Windows, Linux or Solaris) is loaded. If the Licensee has two copies of an operating system loaded on a single physical network server computer, such a configuration shall be deemed to be two Network Server Computers for the purposes of this Schedule. In no event shall a single Network Server Computer have more than 32 CPUs.
p) “Program ” means a packaged collection of instructions written in any computer programming language that instruct a computer how to process data based on information inputs.
q) “Program Instance ” means a single copy of the Software which has been loaded into the memory of a Server. Multiple Program Instances of the Software shall mean that the Software has been loaded into the Server’s memory multiple times.
r) “Server ” means either: a) a single Network Server Computer, or b) a single Virtual Server.
s) “Software ” means any and all Programs and their accompanying Documentation and Support Software owned or licensed by Open Text Corporation, and licensed by OT to Licensee under the EULA, including all copies thereof made by Licensee;
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) t) “Software License ” means any and all licenses granted under the EULA with respect to the Software.
u) “Support Software ” means all maintenance and/or support software, updates, upgrades, patches, fixes and/or new versions of the Software provided to Licensee pursuant to an Open Text Corporation maintenance and/or support program, together with all related Documentation provided to Licensee pursuant to such program.
v) “Third-Party Software ” means any and all software products from companies other than Open Text Corporation (and its licensors) and their accompanying Documentation and Support Software, which access or connect to the Software;
w) “User License Models ” means the license models set out in sections 2, 3 and 4 of this Schedule.
x) “Virtual Server ” means a software implementation of a single Network Server Computer owned by the Licensee that executes Software in a manner identical to a Network Server Computer, and is comprised of one copy of an operating system (such as Windows, Linux or Solaris) along with one or more software processes running in an isolated partition within the Network Server Computer. In no event shall a single Virtual Server have more than 32 CPUs.
3) Named User License Models
A) Standard Named User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Standard Named User License Model :
a) The Licensee must purchase and allocate an individual Software License for each individual human being who is authorized to access and/or use the Software, or who enjoys the benefit of the functionality of the Software.
b) The Licensee may only allocate Software Licenses to employees or contractors of the Licensee and/or the Licensee’s Affiliates, and employees or contractors of the Licensee’s customers and business partners,
c) The allocation of Software Licenses is permanent and Software Licenses cannot be shared or exchanged between individuals. Notwithstanding the above, Software Licenses may be re-allocated to another individual in the event that the original individual is no longer employed by the Licensee or has been assigned to a new role where access to the Software will no longer be required on a permanent basis.
d) When the Licensee allocates a Software License to an individual, the Licensee must also assign a unique password and login combination to such individual for the purposes of allowing the individual to access the Software. For each additional login and password combination assigned to an individual, the Licensee must purchase an additional Software License.
e) The Licensee may not use software or hardware that reduces the number of individuals directly accessing or utilizing the Software (sometimes called "multiplexing" or "pooling" software or hardware). The use of such hardware or software does not reduce the number of Software Licenses required. The required number of Software Licenses equals the number of distinct human beings who access the Software at any time via the front end of the multiplexing or pooling software or hardware.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) f) The Software may only be used to support the internal business operations of the Licensee.
g) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances.
h) Individuals who have been allocated a Software License may not programmatically extend, integrate, or modify the Software in any manner.
i) In the event that the Software licensed under the Standard Named User License Model is also licensed under the Administrator Named User License Model, individuals who have been allocated a Software License under the Standard Named User License Model may not use the administration features of the Software or administer a system based on the Software.
B) Read Only Named User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Read Only Named User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Read Only Named User License Model shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the exception that the individual who has been allocated the Software License may only search, browse, view, print and download data/contents of the Software system; and the individual may not upload, add, edit, move, arrange or otherwise modify data/content located within the Software system.
C) Standard Named User License Model (Internal Users Only) -- The following terms, conditions and limitations shall apply to the use of Software licensed under the Standard Named User License Model (Internal Users Only) :
The terms, conditions and limitations applicable to the use of Software licensed under the Standard Named User License Model (Internal Users Only) shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the exception that the Licensee may only allocate Software Licenses to employees or contractors of the Licensee and/or the Licensee’s Affiliates, and may not allocate Software Licenses to employees or contractors of the Licensee’s customers and business partners.
D) eBusiness Standard Named User License Model (External Users Only) – The following terms, conditions and limitations shall apply to the use of Software licensed under the eBusiness Standard Named User License Model (External Users) :
The terms, conditions and limitations applicable to the use of Software licensed under the eBusiness Standard Named User License Model (External Users) shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the exception that the Licensee may only allocate Software Licenses to individuals who are employees of the Licensee’s customers or business partners, and not to individuals who are employees or contractors of the Licensee and/or the Licensee’s Affiliates.
E) eBusiness Read-Only Named User License Model (External Users Only) – The following terms, conditions and limitations shall apply to the use of Software licensed under the eBusiness Read-Only Named User License Model (External Users Only) :
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) The terms, conditions and limitations applicable to the use of Software licensed under the eBusiness Read- Only Named User License Model (External Users Only) shall be identical to those that apply to Software licensed under the Read-Only Named User License Model , with the following two exceptions:
i. The Licensee may only allocate Software Licenses to individuals who are employees of the Licensee’s customers or business partners, and not to individuals who are employees or contractors of the Licensee and/or the Licensee’s Affiliates.
ii. Individuals who have been allocated a Software License shall have the right to initiate or participate in business processes managed by the workflows in Software that contains workflow functionality.
F) Standard Named User License Model (Server/CPU/Program Instance License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Standard Named User License Model (Server/CPU/Program Instance License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Standard Named User License Model (Server/CPU/Program Instance License Required) shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the Server License Models , CPU License Models or the Program Instance License Models . The specific type of Software Licenses required under the Server License Models , CPU License Models or Program Instance License Models will be identified in the applicable Order Document and/or Documentation.
G) Limited Use Named User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Limited Use Named User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Limited Use Named User License Model shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the exception that the entire set of functionality within the Software may not be accessed and used by the individuals who have been allocated such a Software License. Individuals who have been allocated a License under the Limited Use Named User License Model may only access and use the functionality and features specifically identified in the applicable Order Document and/or Documentation.
H) Occasional Named User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Occasional Named User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Occasional Named User License Model shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the exception that users with this license may not use the Software for more than 52 days per calendar year.
I) Web Named User License Model (for SAP-related products) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Web Named User License Model : The terms, conditions and limitations applicable to the use of Software licensed under the Web Named User License Model shall be identical to those that apply to Software licensed under the Standard Named User License Model (External and Internal Users Permitted) , with the following exceptions:
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) i. Individuals who are employees or contractors of the Licensee’s customers or business partners may only use the Software in support of the Licensee’s internal business operations, and not in support of the customer’s or business partner’s business operations.
ii. Individuals who are employees or contractors of the Licensee or the Licensee’s Affiliates may only be allocated a Software License if they have also been allocated one of the following SAP user license types by SAP AG: a) SAP Employee Self Service (ESS) User or b) SAP Employee User. In addition, such employees or contractors use of the Software is restricted to: a) human resources issues that relate to the individual’s own human resources file, or b) eProcurement issues that relate to the individual’s own purposes and not eProcurement issues that are for or on behalf of others.
J) SAP Standard Named User License Model (for Open Text Extended ECM for SAP Solutions ) – The following terms, conditions and limitations shall apply to the use of Software licensed under the SAP Standard Named User License Model (for Open Text Extended ECM for SAP Solutions) :
The terms, conditions and limitations applicable to the use of Software licensed under the SAP Standard Named User License Model (for Open Text Extended ECM for SAP Solutions) shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the clarification that individuals who have been allocated a Software License may access and use the Software via SAP software interfaces in addition to Open Text software interfaces.
K) Non-SAP Standard Named User License Model (for Open Text Extended ECM for SAP Solutions ) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Non-SAP Standard Named User License Model (for Open Text Extended ECM for SAP Solutions) :
The terms, conditions and limitations applicable to the use of Software licensed under the Non-SAP Standard Named User License Model (for Open Text Extended ECM for SAP Solutions) shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the clarification that in the context of the Open Text Extended ECM for SAP Solutions software, individuals who have been allocated a Software License may only access and use the Software via Open Text software interfaces and not via SAP software interfaces.
L) Dashboard Named User License Model (for Open Text Contract Management) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Dashboard Named User License Model (for Open Text Contract Management) :
The terms, conditions and limitations applicable to the use of Software licensed under the Dashboard Named User License Model (for Open Text Contract Management) shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the exception that individuals who have been allocated a Software License are not allowed to use the “Perfectus ProcessManager” and/or “Perfectus IPManager” features of the Software (or other similar successor features within future versions of the Software).
M) Author Named User License Model (for Open Text Contract Management) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Author Named User License Model (for Open Text Contract Management) :
The terms, conditions and limitations applicable to the use of Software licensed under the Author Named User License Model (for Open Text Contract Management) shall be identical to those that apply to
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) Software licensed under the Standard Named User License Model , with the exception that individuals who have been allocated a Software License are not allowed to use the Open Text Business Intelligence feature of the Software (or other similar successor feature within future versions the Software).
N) Developer Named User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Developer Named User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Developer Named User License Model shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the following exceptions:
i. Individuals who have been allocated a Software License are permitted to use the Software to create Derivative Works of other OT Software (the “Target Software ”) for which the Software was designed to modify.
ii. The Derivative Works shall be deemed to be part of the Target Software and the Software License(s) granted to the Licensee with respect to the Target Software shall be deemed to include the Derivative Works. With the exception of warranties and indemnifications provided by OT, all other terms and conditions of the EULA shall apply to the Licensee’s use of the Derivative Works.
iii. All rights, license and title to the Derivative Works shall be owned by OT.
O) Administrator Named User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Administrator Named User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Administrator Named User License Model shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the exception that individuals who have been allocated a Software License are permitted to use the administration features of the Software and to administer a system based on the Software.
4) Concurrent User License Models
A) Standard Concurrent User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Standard Concurrent User License Model :
a) The Software may only be used and accessed by employees or contractors of the Licensee and/or the Licensee’s Affiliates,
b) At no point may the number of individuals accessing or using the Software exceed the number of Software Licenses granted to the Licensee, c) The Licensee must keep a record of all individuals who have been granted access to the Software.
d) The Licensee must implement a system to ensure that the number of individuals accessing or using the Software must not exceed the number of Software Licenses granted to the Licensee, and the Licensee must permit OT to inspect such system to confirm compliance.
e) The Software may only be used to support the internal business operations of the Licensee.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
f) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances (unless the restrictions in 3D apply).
B) Standard Concurrent User License Model (External and Internal Users Permitted) -- The following terms, conditions and limitations shall apply to the use of Software licensed under the Standard Concurrent User License Model (External and Internal Users Permitted) :
The terms, conditions and limitations applicable to the use of Software licensed under the Standard Concurrent User License Model (External and Internal Users Permitted) shall be identical to those that apply to Software licensed under the Standard Concurrent User License Model , with the exception that the Licensee may allocate Software Licenses to: a) employees or contractors of the Licensee and/or the Licensee’s Affiliates, and b) employees or contractors of the Licensee’s customers and business partners.
C) Read Only Concurrent User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Read Only Concurrent User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Read Only Concurrent User License Model shall be identical to those that apply to Software licensed under the Standard Concurrent User License Model , with the exception that:
i) the individual who has been permitted access to the Software under the Software License may only view, browse, print and download data/contents of the Software system; and
ii) the individual may not upload, add, edit, move, arrange or otherwise modify data/content located within the Software system.
D) eBusiness Concurrent User License Model (External Users Only) – The following terms, conditions and limitations shall apply to the use of Software licensed under the eBusiness Concurrent User License Model (External Users Only) :
The terms, conditions and limitations applicable to the use of Software licensed under the eBusiness Concurrent User License Model (External Use Only) shall be identical to those that apply to Software licensed under the Standard Concurrent User License Model , with the exception that Software Licenses may only be allocated to employees of the Licensee’s customers and business partners, and not to employees or contractors of the Licensee and/or the Licensee’s Affiliates.
E) Standard Concurrent User License Model (Server/CPU/Program Instance License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Standard Concurrent User License Model (Server/CPU/Program Instance License Required) : The terms, conditions and limitations applicable to the use of Software licensed under the Standard Concurrent User License Model (Server/CPU/Program Instance License Required) shall be identical to those that apply to Software licensed under the Standard Concurrent User License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the Server License Models , CPU License Models or the Program Instance License Models . The specific type of Software Licenses required under the Server License Models , CPU License Models or Program Instance License Models will be identified in the applicable Order Document and/or Documentation.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
F) Limited Use Concurrent User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Limited Use Concurrent User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Limited Use Concurrent User License Model shall be identical to those that apply to Software licensed under the Standard Concurrent User License Model , with the exception that the entire set of functionality within the Software may not be accessed and used by the individuals who have accessed the Software under such a Software License. Individuals who access the Software under a Software License granted under the Limited Use Concurrent User License Model may only access and use the functionality and features specifically identified in the applicable Order Document and/or Documentation.
5) Anonymous User Access License Models
A) Standard Anonymous User License Model – The following terms, conditions and limitations shall apply to the use of Software Licensed under the Standard Anonymous User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Standard Anonymous User License Model are identical to those that apply to Software licensed under the Standard Concurrent User License Model , with the following exceptions:
a. The Licensee may allocate Software Licenses to any individual. The individuals do not need to be employees or contractors of the Licensee and/or the Licensee’s Affiliates.
b. The Licensee is not required to keep a record of the individuals who have been allocated a Software License and is not required to identify such individuals.
c. Unless stated differently in the applicable Order Document or Documentation, the Licensee is permitted to allocate an unlimited number of Software Licenses to individuals.
B) Read Only Anonymous User License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Read Only Anonymous User License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Read Only Anonymous User License Model shall be identical to those that apply to Software licensed under the Standard Anonymous User License Model, with the exception that individuals who have been granted access to the Software under this Software License may only search, browse, view, print, and download data/contents of the Software system; and may not upload, add, edit, move, arrange or otherwise modify data/content located within the Software system.
C) Standard Anonymous User License Model (Server/CPU/Program Instance License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Standard Anonymous User License Model (Server/CPU/Program Instance License Required) : The terms, conditions and limitations applicable to the use of Software licensed under the Standard Anonymous User License Model (Server/CPU/Program Instance License Required) shall be identical to those that apply to Software licensed under the Standard Anonymous User License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the Server License Models , CPU License Models or the Program Instance License Models . The specific type of Software Licenses required under the Server License Models , CPU License Models or Program Instance License Models will be identified in the applicable Order Document and/or Documentation
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) D) Read-Only Anonymous User License Model (Server/CPU/Program Instance License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Read-Only Anonymous User License Model (Server/CPU/Program Instance License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Read-Only Anonymous User License Model (Server/CPU/Program Instance License Required) shall be identical to those that apply to Software licensed under the Read-Only Anonymous User License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the Server License Models , CPU License Models or the Program Instance License Models . The specific type of Software Licenses required under the Server License Models , CPU License Models or Program Instance License Models will be identified in the applicable Order Document and/or Documentation
6) Server License Models
A) Production Server License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Server License Model :
a) The Licensee must purchase an individual Software License for each Server upon which the Software is installed.
b) The Software may only be used to support the internal business operations of the Licensee.
c) The Software may accessed and used by an unlimited number of individual employees or contractors of the Licensee and/or its Affiliates.
B) eBusiness Server License Model (External Users Only) – The following terms, conditions and limitations shall apply to the use of any Software licensed under the eBusiness Server License Model (External Users Only) :
The terms, conditions and limitations applicable to the use of Software licensed under the eBusiness Server License Model (External Users Only) shall be identical to those that apply to Software licensed under the Production Server License Model , with the exception that the use of the Software is restricted to individuals who are employees of the Licensee’s customers and business partners, and who are not employees or contractors of the Licensee and/or the Licensee’s Affiliates.
C) Production Server License Model (User License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Server License Model (User License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Production Server License Model (User License Required) shall be identical to those that apply to Software licensed under the Production Server License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the User License Model. The specific type of such Software Licenses required under the User License Models will be identified in the applicable Order Document and/or Documentation.
D) Limited Use Server License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Limited Use Server License Model :
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) The terms, conditions and limitations applicable to the use of Software licensed under the Limited Use Server License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the exception that the entire set of functionality within the Software may not be accessed or used by the individuals who have been permitted access to the Software under such a Software License. Individuals who have been permitted access to the Software under a Software License granted under the Limited Use Server License Model may only access and use the functionality and features specifically identified in the applicable Order Document and/or Documentation.
E) Non-Production Server License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Non-Production Server License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Non- Production Server License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the exception that the functionality within the Software is not placed into production for use by end users employees of the Licensee to support the internal business operations of the Licensee. Rather, the use of the Software is restricted to testing, development, backup, failover, hot standby or cold standby purposes. Notwithstanding the above, if Software licensed under a Production Server License Model goes offline, the Licensee is permitted to use Software licensed under a Non-Production Server License Model to be used by end user employees of the Licensee to support the internal business operations of the Licensee until the Software licensed under the Production Server License Model is brought back online.
F) Runtime Server License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Runtime Server License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Runtime Server License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the following exceptions:
i. The Software may only be accessed and/or used by other OT Software or Third-Party Software and not by a human being, and
ii. The Licensee must purchase an individual Software License for each Server on which the Software is being accessed, used or installed
G) Runtime Server License Model (User License Required) -- The following terms, conditions and limitations shall apply to the use of Software licensed under the Runtime Server License Model (User License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Runtime Server License Model (User License Required) shall be identical to those that apply to Software licensed under the Runtime Server License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the User License Models . The specific type of such Software Licenses required under the User License Models will be identified in the applicable Order Document and/or Documentation.
H) Production Server (Limited Digital Assets) License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Server (Limited Server Calls) License Model :
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) The terms, conditions and limitations applicable to the use of Software licensed under the Production Server (Limited Server Calls) License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the exception that the number of Digital Assets managed by the Software on an annual basis is limited as described in the Order Document and/or the Documentation.
I) Non-Production Server (Limited Digital Assets) License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Non- Production Server (Limited Server Calls) License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Non- Production Server (Limited Server Calls) License Model shall be identical to those that apply to Software licensed under the Non-Production Server License Model , with the exception that the number of Digital Assets managed by the Software on an annual basis is limited as described in the Order Document and/or the Documentation.
J) Production Server (Limited Server Calls) License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Server (Limited Server Calls) License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Production Server (Limited Server Calls) License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the exception that the number of Server Calls made to the Software on an annual basis is limited as described in the Order Document and/or the Documentation.
K) Non-Production Server (Limited Server Calls) License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Non-Production Server (Limited Server Calls) License Model :
a) The terms, conditions and limitations applicable to the use of Software licensed under the Non- Production Server (Limited Server Calls) License Model shall be identical to those that apply to Software licensed under the Non-Production Server License Model , with the exception that the number of Server Calls made to the Software on an annual basis is limited as described in the Order Document and/or the Documentation.
L) Generation Server License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Generation Server License Model : The terms, conditions and limitations applicable to the use of Software licensed under the Generation Server License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the following exceptions:
a. The Generation Server License Model applies only to the Open Text Web Content Management, Nstein Edition product, and
b. The Generation Server License Model applies only to Software installed on Servers that are used for front- end scaling of Web sites.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
7) CPU License Models
A) Production CPU License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU License Model :
a) The Licensee must purchase an individual Software License for each CPU which the Software is installed or executed on.
b) The Software may only be used to support the internal business operations of the Licensee.
c) The Software may accessed and used by an unlimited number of individual employees or contractors of the Licensee and/or its Affiliates.
d) This Software License is intended to apply to a single processing core existing within a single integrated circuit or within a single encapsulated semiconductor package (e.g. one processing core within a single encapsulated semiconductor package) or the first processing core in a single integrated circuit if there are multiple processing cores on the single integrated circuit, or the first processing core in a single encapsulated semiconductor package (e.g. the first core in a single encapsulated semiconductor package containing multiple processing cores).
B) Production CPU License Model (Additional Core) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Production CPU License Model (Additional Core) shall be identical to those that apply to Software licensed under the Production CPU License Model , with the exception that this Software License is intended to apply to each individual additional processing core over and above the first processing core in a single integrated circuit if there are multiple processing cores on the single integrated circuit, or the first processing core in a single encapsulated semiconductor package (e.g. the second or subsequent core in a single encapsulated semiconductor package containing multiple processing cores).
C) Production CPU License Model (Program Instance License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU License Model (Program Instance License Required) : The terms, conditions and limitations applicable to the use of Software licensed under the Production CPU License Model (Program Instance License Required) shall be identical to those that apply to Software licensed under the Production CPU License Model , with the following exceptions:
i. the use of the Software is conditional upon the Licensee also purchasing Software Licenses under the Standard Program Instance License Model (CPU License Required) .
D) Production CPU License Model (Additional Core – Program Instance License required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU License Model (Additional Core – Program Instance License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Production CPU License Model (Additional Core – Program Instance License Required) shall be identical to those that apply to Software licensed under the Production CPU License Model , with the following exceptions:
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
i. this Software License is intended to apply to each individual additional processing core over and above the first processing core in a single integrated circuit if there are multiple processing cores on the single integrated circuit, or the first processing core in a single encapsulated semiconductor package (e.g. the second or subsequent core in a single encapsulated semiconductor package containing multiple processing cores).
ii. the use of the Software is conditional upon the Licensee also purchasing Software Licenses under the Standard Program Instance License Model (CPU License Required) .
E) Production CPU Agent License Model (Program Instance License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU Agent License Model (Program Instance License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Production CPU Agent License Model (Program Instance License Required) shall be identical to those that apply to Software licensed under the Production CPU License Model (Program Instance License Required) with the exception that the use of the Software is limited to executing the “agent” portion (e.g. deployment agent, configuration agent) of the Software.
F) Production CPU Agent License Model (Additional Core -- Program Instance License required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU Agent License Model (Additional Core -- Program Instance License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Production CPU Agent License Model (Additional Core – Program Instance License Required) shall be identical to those that apply to Software licensed under the Production CPU License Model (Additional Core – Program Instance License Required) , with the exception that the use of the Software is limited to executing the “agent” portion (e.g. deployment agent, configuration agent) of the Software.
G) Production CPU Community License Model (Program Instance License required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU Community License Model (Program Instance License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Production CPU Community License Model (Program Instance License Required) shall be identical to those that apply to Software licensed under the Production CPU License Model (Program Instance License Required) , with the following exceptions:
i. The use of the Software is limited to executing the Vignette Community Software (or successor Software products) and no other Software.
ii. This Software License is intended to license an individual CPU without regard to it being the only processing core, the first of multiple processing cores, or an additional processing core in a single integrated circuit if there are multiple processing cores on the single integrated circuit or encapsulated semiconductor package.
H) Production CPU Logical License Model (Program Instance License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU Logical License Model (Program Instance License Required) :
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
a) The Licensee must purchase an individual Software License for each Logical CPU which the Software is installed or executed on. b) The Software may only be used to support the internal business operations of the Licensee.
c) The use of the Software is conditional upon the Licensee also purchasing Software Licenses under the Standard Program Instance License Model (CPU License Required) .
I) eBusiness CPU License Model (External Users Only) – The following terms, conditions and limitations shall apply to the use of Software licensed under the eBusiness CPU License Model (External Users Only) :
The terms, conditions and limitations applicable to the use of Software licensed under the eBusiness CPU License Model (External Users Only) shall be identical to those that apply to Software licensed under the Production CPU License Model , with the exception that the use of the Software is restricted to individuals who are employees of the Licensee’s customers or business partners, and who are not employees or contractors of the Licensee and/or the Licensee’s Affiliates.
J) Production CPU License Model (User License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production CPU License Model (User License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Production CPU License Model (User License Required) shall be identical to those that apply to Software licensed under the Production CPU License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the User License Models . The specific type of such Software Licenses required under the User License Models will be identified in the applicable Order Document and/or Documentation.
K) Limited Use CPU License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Limited Use CPU License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Limited Use CPU License Model shall be identical to those that apply to Software licensed under the Production CPU License Model , with the exception that the entire set of functionality within the Software may not be accessed or used by the individuals who have been permitted access to the Software under such a Software License. Individuals who have been permitted access to the Software under a Software License granted under the Limited Use CPU License Model may only access and use the functionality and features specifically identified in the applicable Order Document and/or Documentation.
L) Non-Production CPU License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Non-Production CPU License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Non- Production CPU License Model shall be identical to those that apply to Software licensed under the Production CPU License Model , with the exception that the functionality within the Software is not placed into production for use by end user employees of the Licensee to support the internal business operations of the Licensee. Rather, the use of the Software is restricted to testing, development, backup, failover, hot standby or cold standby purposes. Notwithstanding the above, if Software licensed under a Production CPU License Model goes offline, the Licensee is permitted to use Software licensed under the Non-Production CPU License Model to be used by end user employees of the Licensee to support the internal business operations of the Licensee until the Software licensed under the Production CPU License Model is brought back online.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
M) Runtime CPU License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Runtime CPU License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Runtime CPU License Model shall be identical to those that apply to Software licensed under the Production CPU License Model , with the following exceptions:
i. The Software may only be accessed and/or used by other OT Software or Third-Party Software and not by a human being, and
ii. The Licensee must purchase an individual Software License for each CPU on which the Software being accessed, used or installed.
N) Runtime CPU License Model (User License Required) -- The following terms, conditions and limitations shall apply to the use of Software licensed under the Runtime CPU License Model (User License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Runtime CPU License Model (User License Required) shall be identical to those that apply to Software licensed under the Runtime CPU License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the User License Models . The specific type of such Software Licenses required under the User License Models will be identified in the applicable Order Document and/or Documentation.
8) Program Instance License Models
A) Production Program Instance License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Program Instance License Model :
a) The Licensee must purchase an individual Software License for each Program Instance of the Software.
b) The Software may only be used to support the internal business operations of the Licensee.
c) The Software may accessed and used by an unlimited number of individual employees or contractors of the Licensee and/or its Affiliates.
B) eBusiness Program Instance License Model (External Users Only) – The following terms, conditions and limitations shall apply to the use of Software licensed under the eBusiness Program Instance License Model (External Users Only) :
The terms, conditions and limitations applicable to the use of Software licensed under the eBusiness Program Instance License Model (External Users Only) shall be identical to those that apply to Software licensed under the Production Program Instance License Model , with the exception that the use of the Software is restricted to individuals who are employees of the Licensee’s customers and business partners, and who are not employees or contractors of the Licensee and/or the Licensee’s Affiliates.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
C) Production Program Instance License Model (User License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Program Instance License Model (User License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Production Program Instance License Model (User License Required) shall be identical to those that apply to Software licensed under the Production Program Instance License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the User License Models (defined above). The specific type of such Software Licenses required under the User License Models will be identified in the applicable Order Document and/or Documentation.
D) Production Program Instance License Model (CPU License Required) -- The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Program Instance License Model (CPU License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Production Program Instance License Model (CPU License Required) shall be identical to those that apply to Software licensed under the Production Program Instance License Model , with the exception that the use of the Software is conditional upon the Licensee also purchasing Software Licenses under either: the Production CPU License Model (Program Instance License Required), Production CPU License Model (Additional Core – Program Instance License Required, Production CPU Agent License Model (Program Instance License Required), Production CPU Agent License Model (Additional Core -- Program Instance License Required), Production CPU Community License Model (Program Instance License Required), or Production CPU Community License Model (Program Instance License Required) (collectively the “CPU – Program License Models ”) . The specific type of Software Licenses required under the CPU – Program License Models will be identified in the applicable Order Document and/or Documentation.
E) Limited Use Program Instance License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Limited Use Program Instance License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Limited Use Program Instance License Model shall be identical to those that apply to Software licensed under the Production Program Instance License Model , with the exception that the entire set of functionality within the Software may not be accessed or used by the individuals who have been permitted access to the Software under such a Software License. Individuals who have been permitted access to the Software under a Software License granted under the Limited Use Program Instance License Model may only access and use the functionality and features specifically identified in the applicable Order Document and/or Documentation.
F) Non-Production Program Instance License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Non-Production Program Instance License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Non- Production Program Instance License Model shall be identical to those that apply to Software licensed under the Production Program Instance License Model , with the exception that the functionality within the Software is not placed into production for use by end user employees of the Licensee to support the internal business operations of the Licensee. Rather, the use of the Software is restricted to testing, development, backup, failover, hot standby or cold standby purposes. Notwithstanding the above, if Software licensed under a Production Program Instance License Model goes offline, the Licensee is permitted to use Software licensed under the Non-Production Program Instance License Model to be used by end user employees of the Licensee to support the internal business operations of the Licensee until the Software licensed under the Production Program Instance License Mode is brought back online.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
G) Runtime Program Instance License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Runtime Program Instance License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Runtime Program Instance License Model shall be identical to those that apply to Software licensed under the Production Program Instance License Model , with the following exceptions:
i. The Software may only be accessed and/or used by other OT Software or Third-Party Software and not by a human being, and
ii. The Licensee must purchase an individual Software License for each Program Instance on which the Software being accessed, used and/or installed.
H) Runtime Program Instance License Model (User License Required) -- The following terms, conditions and limitations shall apply to the use of Software licensed under the Runtime Program Instance License Model (User License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Runtime Program Instance License Model (User License Required) shall be identical to those that apply to Software licensed under the Runtime Program Instance License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the User License Models . The specific type of such Software Licenses required under the User License Models will be identified in the applicable Order Document and/or Documentation.
9) Miscellaneous Licenses
A) Client License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Client License Model :
a) The Licensee must purchase and allocate an individual Software License to: i) each individual Client on which the Software is loaded or executed, and ii) for each individual Client which has access to (or is authorized to access) the Software.
b) The Licensee may only allocate Software Licenses to Clients owned by the Licensee and/or the Licensee’s Affiliates.
c) The allocation of Software Licenses is permanent and Software Licenses cannot be shared or exchanged between Clients. Notwithstanding the above, a Software License may be re-allocated to another Client in the event that the original Client is permanently decommissioned or in the event where the Client is permanently re-deployed to a task where access to the Software will no longer be required.
d) The Software may not be used by more than one individual employee or contractor of the Licensee and/or Affiliates at one time under a single Software License.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
e) The Licensee may not use software or hardware that reduces the number of Clients directly accessing or utilizing the Software (sometimes called "multiplexing" or "pooling" software or hardware). The use of such hardware or software does not reduce the number of Client licenses required. In such a situation, the required number of Software Licenses would equal the number of distinct Clients accessing the Software via the front end of the multiplexing or pooling software or hardware.
f) The Software may only be used to support the internal business operations of the Licensee.
g) The Software may only be loaded and executed or accessed from Clients who have been allocated a Software License.
B) Client User Access License Model – The following terms, conditions and limitations shall apply to the use of any Software licensed under the Client User Access License Model :
a) The Licensee must purchase and allocate an individual Software License for each individual human being authorized to use or access the Software on a Client in order to allow the individual to access another type of licensed software (“ Other Software ”).
b) The rights of these individuals to access the Other Software accessed via the Software are defined by license terms applicable to such Other Software, and not by the Mobile User Access License Model . The Software License granted under the Mobile User Access License Model simply allows these individuals to access the Other Software by means of the Software.
c) The Software Licenses may only be allocated to employees or contractors of the Licensee and/or the Licensee’s Affiliates.
d) At no point may an individual access or use the Software who has not been granted a Software License.
e) The Licensee must keep a record of all individuals who have been granted access to the Mobile Software.
f) The Software may only be used to support the internal business operations of the Licensee.
g) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances.
C) Portal User Access License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Portal User Access License Model :
a) The Licensee must purchase and allocate an individual Software License for each individual human being authorized to use Software to access another type of licensed software (“ Other Software ”).
b) The rights of these individuals to access the Other Software accessed via the Software licensed under the Portal User Access License Model are defined by software license terms applicable to the Other Software, not by the Portal User Access License Model . The Software License granted under the Portal User Access License Model simply allows these individuals to access the Other Software by means of the Software.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
d) The Software Licenses may only be allocated to employees or contractors of the Licensee and/or the Licensee’s Affiliates.
e) At no point may any individual access or use the Software who has not be allocated a Software License.
f) The Licensee must keep a record of all individuals who have been granted access to the Software.
g) The Software may only be used to support the internal business operations of the Licensee.
h) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances.
D) Mobile User Access License Model – The following terms, conditions and limitations shall apply to the use of any Software licensed under the Mobile User Access License Model :
a) The Licensee must purchase and allocate an individual Software License for each individual human being authorized to use or access the Software on a mobile handheld device (such as a smartphone, PDA, or tablet computer) in order to allow the individual to access another type of licensed software (“ Other Software ”). b) The rights of these individuals to access the Other Software accessed via the Software are defined by license terms applicable to such Other Software, and not by the Mobile User Access License Model . The Software License granted under the Mobile User Access License Model simply allows these individuals to access the Other Software by means of the Software.
c) The Software Licenses may only be allocated to employees or contractors of the Licensee and/or the Licensee’s Affiliates. d) At no point may an individual access or use the Software who has not been granted a Software License.
e) The Licensee must keep a record of all individuals who have been granted access to the Mobile Software.
f) The Software may only be used to support the internal business operations of the Licensee.
g) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances.
E) Evaluation License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Evaluation License Model :
a) The Licensee may install and execute the Software on the number of Servers, CPUs and/or Program Instances, identified in the applicable Order Document.
b) The Licensee may allow the number of employees or contractors of the Licensee identified in the applicable Order Document to access and use the Software.
c) The Licensee may only access and use the Software to evaluate and test the Software, and not to support its general business operations.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4) d) Unless the parties agree differently in the applicable Order Document, the term of a Software License granted under the Evaluation License Model shall be for a period of 60 days from first delivery of the Software to the Licensee. At the end of the term, the Licensee must cease all use of the Software, remove all copies of the Software from all Servers, CPUs, Program Instances, Desktop/Devices, and all other information technology systems, and destroy such copies.
F) Multi-Function Product Device or Network Scanning Device License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Multi-Function Product Device or Network Scanning Device License Model :
a) The Licensee must purchase an individual Software License for each Multi-Function Product Device or Network Scanning Device to which the Software is connected.
b) The Software may only be used with Multi-Function Product Devices or Network Scanning Devices. Specifically, the Software may not be used to import data into Programs or Third- Party Software.
c) The Licensee may only allocate Software Licenses to Multi-Function Product Devices or Network Scanning Devices owned by the Licensee and/or the Licensee’s Affiliates.
d) The allocation of Software Licenses is permanent and Software Licenses cannot be shared between Multi-Function Product Devices or Network Scanning Devices. However, a Software License may be re- allocated to another Multi-Function Product Device or Network Scanning Device which is manufactured by the same manufacturer as the original Device and is from the same product family as the original Device, in the following situations: i) the original Device is permanently decommissioned, or ii) the original Device is permanently re-deployed to a task where access to the Software will no longer be required.
10) Volume/Capacity-Based License Models
A) Pages Processed Per Year License Model – The following terms, conditions and restrictions shall apply to the use of Software licensed under the Pages Processed Per Year License Model :
a) In each calendar year, the Licensee may use the Software to process a number of document pages no greater than the “maximum number of pages processed per year” (which is identified in the applicable Order Document or Documentation).
b) The Software Licenses may not be allocated to any other party.
c) The Software may only be loaded and executed on computers and/or other IT hardware that is owned by the Licensee.
d) The Software may only be used to support the internal business operations of the Licensee.
e) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
B) Invoices Processed Per Year License Model – The following terms, conditions and restrictions shall apply to the use of Software licensed under the Invoices Processed Per Year License Model :
a) In each calendar year, the Licensee may use the Software to process a number of commercial invoices no greater than the “maximum number of invoices processed per year” (which is identified in the applicable Order Document or Documentation).
b) The Software Licenses may not be allocated to any other party.
c) The Software may only be loaded and executed on computers and/or other IT hardware that is owned by the Licensee.
d) The Software may only be used to support the internal business operations of the Licensee.
e) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances.
C) Index Capacity in Gigabytes License Model – The following terms, conditions and restrictions shall apply to the use of Software licensed under the Index Capacity in Gigabytes License Model :
a) The Licensee may use the Software to create an index of documents with the restriction that the total size of the index must not exceed the maximum number of gigabytes identified in the applicable Order Document or Documentation.
b) The Software Licenses may not be allocated to any other party.
c) The Software may only be loaded and executed on computers and/or other IT hardware that is owned by the Licensee.
d) The Software may only be used to support the internal business operations of the Licensee.
e) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances.
D) Electronic Employee Files License Model – The following terms, conditions and restrictions shall apply to the use of Software licensed under the Employee Files License Model :
a) The Licensee must purchase and allocate an individual Software License for each individual Electronic Employee File managed using the Software.
b) The allocation of Software Licenses is permanent. Software Licenses may only be re-allocated to another individual electronic employee file in the event where the original Electronic Employee File is permanently deleted.
c) The Licensee must keep a record of all Electronic Employee Files to which Software Licenses have been allocated.
d) The Software may only be used to support the internal business operations of the Licensee.
e) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Program Instances.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
F) Email Mailboxes License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Email Mailboxes License Model :
a) The Licensee must purchase and allocate an individual Software License for each individual email mailbox: i) which is configured to be archived using the Software, ii) which otherwise benefits from the functionality of the Software, or iii) interfaces with the Software.
b) The Licensee may allocate Software Licenses to email mailboxes associated with employees or contractors of the Licensee and/or the Licensee’s Affiliates, and with employees or contractors of the Licensee’s customers and business partners.
c) The allocation of Software Licenses is permanent and Software Licenses cannot be shared or exchanged between email Mailboxes. Notwithstanding the above, Software Licenses may be re- allocated to another individual email mailbox in the event where the original email mailbox is no longer configured to be archived using the Software. d) The Licensee must keep a record of all email mailboxes which have been allocated Software Licenses.
e) The Software may only be used to support the internal business operations of the Licensee.
f) The Software may be loaded and executed on an unlimited number of Servers, CPUs and/or Instances.
11) Cluster License Models
A) Production Cluster License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Cluster License Model :
a) The Licensee must purchase and allocate an individual Software License for each Cluster on which the Software is being accessed, used or installed.
b) The Software may only be used to support the internal business operations of the Licensee.
c) The Software may only be accessed or used by employees or contractors of the Licensee and/or its Affiliates.
B) eBusiness Cluster License Model (External Users Only) – The following terms, conditions and limitations shall apply to the use of Software licensed under the eBusiness Cluster License Model (External Users Only) :
The terms, conditions and limitations applicable to the use of Software licensed under the eBusiness Cluster License Model (External Users Only) shall be identical to those that apply to Software licensed under the Production Cluster License Model , with the exception that the use of the Software is restricted to individuals who are employees of the Licensee’s customers and business partners, and who are not employees or contractors of the Licensee and/or the Licensee’s Affiliates.
C) Production Cluster License Model (User License Required) – The following terms, conditions and limitations shall apply to the use of Software licensed under the Production Cluster License Model (User License Required) :
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
The terms, conditions and limitations applicable to the use of Software licensed under the Production Cluster License Model (User License Required) shall be identical to those that apply to Software licensed under the Production Cluster License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the User License Models . The specific type of such Software Licenses required under the User License Models will be identified in the applicable Order Document and/or Documentation.
D) Limited Use Cluster License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Limited Use Cluster License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Limited Use Cluster License Model shall be identical to those that apply to Software licensed under the Production Cluster License Model , with the exception that the entire set of functionality within the Software may not be accessed or used by the individuals who have been permitted access to the Software under such a Software License. Individuals who have been permitted access to the Software under a Software License granted under the Limited Use Cluster License Model may only access and use the functionality and features specifically identified in the applicable Order Document and/or Documentation.
E) Non-Production Cluster License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Non-Production Cluster License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Non- Production Cluster License Model shall be identical to those that apply to Software licensed under the Production Cluster License Model , with the exception that the functionality within the Software is not placed into production for use by the Licensee to support the internal business operations of the Licensee. Rather, the use of the Software is restricted to testing, development, backup, failover, hot standby or cold standby purposes. Notwithstanding the above, if Software licensed under a Production Cluster License Model goes offline, the Licensee is permitted to use Software licensed under the Non- Production Cluster License Model to be used by end user employees of the Licensee to support the internal business operations of the Licensee until the Software licensed under the Production Cluster License Model is brought back online.
F) Runtime Cluster License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Runtime Cluster License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Runtime Cluster License Model shall be identical to those that apply to Software licensed under the Production Cluster License Model , with the exception that the Software may only be accessed and/or used by other OT Software or Third- Party Software and not by a human being.
G) Runtime Cluster License Model (User License Required) -- The following terms, conditions and limitations shall apply to the use of Software licensed under the Runtime Cluster License Model (User License Required) :
The terms, conditions and limitations applicable to the use of Software licensed under the Runtime Cluster License Model (User License Required) shall be identical to those that apply to Software licensed under the Runtime Cluster License Model , with the exception that use of the Software is conditional upon the Licensee also purchasing Software Licenses under the User License Models . The specific type of such Software Licenses required under the User License Models will be identified in the applicable Order Document and/or Documentation.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
12) Open Text Integration Center (Powered by Genio) License Models
A) OTIC Engine License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the OTIC Engine License Model:
a) The Licensee must purchase an individual Software License for each copy of the Software that is installed by the Licensee.
b) The Licensee is restricted to using each Software License in a single Environment.
c) The Licensee is limited to using the Software to support the internal business operations of the Licensee.
d) The Licensee may not permit individuals to make use of the Software unless Software Licenses under the Client License Model have also been purchased and allocated to such individuals.
B) OTIC Client License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Client License Model : a) The Licensee must purchase an individual Software License for each individual human being who accesses and/or uses the Software.
b) The Licensee may only allocate Software Licenses to employees or contractors of the Licensee and/or the Licensee’s Affiliates. c) The allocation of Software Licenses is permanent and Software Licenses cannot be shared or exchanged between individuals. Notwithstanding the above, Software Licenses may be re-allocated to another individual in the event where the original individual is no longer employed by the Licensee or has been assigned to a new role where access to the Software will no longer be required on a permanent basis.
d) When the Licensee allocates a Software License to an individual, the Licensee must also assign a unique password and login combination to such individual for the purposes of allowing the individual to access the Software. For each additional login and password combination assigned to an individual, the Licensee must purchase an additional Software License.
e) The Licensee may not use software or hardware that reduces the number of individuals directly accessing or utilizing the Software (sometimes called "multiplexing" or "pooling" software or hardware). The use of such hardware or software does not reduce the number of Software Licenses required. The required number of Software Licenses equals the number of distinct human beings who access the Software at any time via the front end of the multiplexing or pooling software or hardware.
f) The Software may only be used to support the internal business operations of the Licensee.
C) OTIC MetaLinks/DataLinks/ContentLinks License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the OTIC MetaLinks/DataLinks/ContentLinks License Model :
The Licensee must purchase an individual Software License for: i) each DataLink type per Software License granted under the OTIC Engine License Model , ii) each ContentLink type per Software License granted under the OTIC Engine License Model , and iii) each MetaLink type per Software License granted under the OTIC Client License Model .
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
D) Publisher License Model – The following terms, conditions and limitations shall apply to the use of Software licensed under the Publisher License Model :
a) The Licensee must purchase an individual Software License for each copy of the Software that is installed by the Licensee.
b) The Licensee is restricted to using each Software License in a single Environment.
c) The Licensee is limited to using the Software to support the internal business operations of the Licensee.
d) The Licensee may not permit individuals to make use of the Software unless Software Licenses under the Client License Model have also been purchased and allocated to such individuals.
E) Non-Production OTIC Engine License Model -- The following terms, conditions and limitations shall apply to the use of Software licensed under the Non-Production OTIC Engine License Model :
The terms, conditions and limitations applicable to the use of Software licensed under the Non- Production OTIC Engine License Model shall be identical to those that apply to Software licensed under the OTIC Engine License Model , with the exception that the functionality within the Software is not placed into production for use by the Licensee to support the internal business operations of the Licensee. Rather, the use of the Software is restricted to testing, development, backup, failover, hot standby or cold standby purposes. Notwithstanding the above, if Software licensed under a OTIC Engine License Model goes offline, the Licensee is permitted to use Software licensed under the Non- Production OTIC Engine License Model to be used by end user employees of the Licensee to support the internal business operations of the Licensee until the Software licensed under the OTIC Engine License Model is brought back online.
13) Connectivity Products License Models
A) Standard Connectivity License Model . The following terms, conditions and limitations shall apply to the use of Software licensed under the Standard Connectivity License Model:
The terms, conditions and limitations applicable to the use of Software licensed under the Standard Connectivity License Model shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the following exceptions:
i) For each Software License the Licensee may only install and use the Software on a single Computer.
ii) The Licensee may use the Software on a Citrix/TSE Environment provided that Licensee has a Software License of Software for each individual user and each Computer that will access the Software through the Citrix/TSE Environment.
iii) The Licensee may use the Software on a network provided that Licensee has a Software License for each individual user and each Computer that can access that Software over the network.
iv) The Licensee may use the Software and any related updates on the Computer or the Computer that is connected to the Citrix/TSE Environment only while the Licensee possesses and operates the Computer.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
v) A separate Software License is required for each additional Computer on which the Software is installed or used, or for each additional user who can otherwise access the Software.
vi) The Licensee may physically transfer the Software from one Computer to another provided that Licensee removes any copy(ies) of the Software from the Computer from which the Software is being transferred. If the enclosed Software is permanently installed on a single Computer and one person uses that Computer more than 80% of the time it is in use, then that person may also install the Software on a portable or home Computer.
B) OpenText Exceed onDemand Named User License Model. The following terms, conditions and limitations shall apply to the use of Software licensed under the OpenText Exceed onDemand Named User License Model:
The terms, conditions and limitations applicable to the use of Software licensed under the OpenText Exceed onDemand Named License Model shall be identical to those that apply to Software licensed under the Standard Named User License Model , with the following exceptions:
i) For each Software License granted under this OpenText Exceed onDemand Named User License Model, the server component of the Software and OpenText Secure Shell (collectively the “ECS”) may be loaded and executed on a single Server.
ii) The Licensee may only use the ECS and any related updates on a Server while the Licensee possesses and operates the Server.
iii) The Licensee may physically transfer the ECS from one Server to another provided that Licensee removes any copy(ies) of the ECS from the Server from which the ECS is being transferred.
iv) Upon granting of a Software License, OT shall issue a sequence of alphanumeric characters which represents the number of Software Licenses granted (“Activation Key”). Each Activation Key may only be installed on one Server.
v) Except as otherwise provided herein, the client component of the Software (“Exceed onDemand Client”) is under the terms, conditions and limitations identical to the Standard Named User License Model, with the following exceptions: i) the access from the Exceed onDemand Client to the ECS is enforced through a list of named user identities maintained on the ECS, ii) when a user establishes a first connection from the Exceed onDemand Client to the ECS, the ECS will permanently grant an OpenText Exceed onDemand Named User License to this user, iii) the ECS will stop granting OpenText Exceed onDemand Named User Licenses to additional users when the number of OpenText Exceed onDemand Named User Licenses that have already been granted reaches the maximum number of OpenText Exceed onDemand Named User Licenses based on Licensee’s initial license purchase of the Software and any additional license purchases of the Software, iv) subsequent connections from the Exceed onDemand Client to the ECS by the same named user and initiated from the same Computer will not require an additional OpenText Exceed onDemand Named User License provided that the identity of this named user remains the same between the first connection and the subsequent connections, v) Licensee may only use the Exceed onDemand Client and any related updates on the Computer while Licensee possesses and operates the Computer only, and vi) a separate Software License is required for additional named users who wish to access the Server.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
C) OpenText Exceed onDemand Server License Model. The following terms, conditions and limitations shall apply to the use of Software licensed under the OpenText Exceed onDemand Server License Model:
The terms, conditions and limitations applicable to the use of Software licensed under the OpenText Exceed onDemand Server License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the following exceptions:
i) For each Software License granted under this OpenText Exceed onDemand Server License Model, the server component of the Software and OpenText Secure Shell (collectively the “ECS”) may be loaded and executed on a single Server.
ii) The Licensee may only use the ECS and any related updates on a Server while the Licensee possesses and operates the Server .
iii) Licensee may physically transfer the ECS from one Server to another provided that Licensee removes any copy(ies) of the ECS from the Server from which the ECS is being transferred.
iv) Upon granting the Software License, OT shall issue a sequence of alphanumeric characters which represents the number of Software Licenses granted (“Activation Key”). Each Activation Key may only be installed on one Server.
v) Except as otherwise provided herein the client component of the Software (“Exceed onDemand Client”) is licensed to be installed on as many Computers as needed and to be used by as many users as needed. Licensee may use Exceed onDemand Client only to access ECS up to the allowable number of connections based on Software License granted to the Licensee. A separate Software License is required for each additional Server upon which the ECS will be loaded or executed on.
D) OpenText NFS Gateway License Model. The following terms, conditions and limitations shall apply to the use of Software licensed under the OpenText NFS Gateway License Model:
The terms, conditions and limitations applicable to the use of Software licensed under the OpenText NFS Gateway License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the following exceptions:
i) In the event that the Licensee would like to use the Software on multiple Servers for load balancing, performance improvement or other operational performance improvements (each additional Server shall be referred to as a “Node”), where connections will be made to a Node at the same time as the Server is functional, then additional Software Licenses are required for each Node in addition to the Server.
ii) Upon granting the Software Licenses, OT shall issue a sequence of alphanumeric characters (“Activation Key”) which represents the maximum number of computer connections (“Client Connections”) that are permitted to simultaneously access each resource on the Network File System network shared by the Software. Each Activation Key may only be installed on one Server or Node. The number of Client Connections Licensee is entitled to within each Server or Node is based on the Software License granted to the Licensee and any additional Software Licenses granted. A separate Software License is required for additional Client Connections, or additional Server or Node on which the Software is installed and/or used.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
iii) Licensee may physically transfer the Software from one Server/Node to another provided that Licensee removes any copy(ies) of the Software from the Server/Node from which the Software is being transferred.
E) Open Text NFS Server License Model. The following terms, conditions and limitations shall apply to the use of Software licensed under the Open Text NFS Server License Model:
The terms, conditions and limitations applicable to the use of Software licensed under the OpenText NFS Server License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the following exceptions:
a) In the event that the Licensee would like to use the Software on multiple servers for load balancing, performance improvement or other operational performance improvements (each additional server shall be referred to as a “Node”), where connections will be made to a Node at the same time as the Server is functional, then additional Software Licenses are required for each Node in addition to the Server.
b) The Software License allows an unlimited number of concurrent NFS clients operating on one or more networks to access an unlimited number of the following Windows resources shared on the Server or Node: local drives, local directories, directories on the registered external disks, CD- ROMs, locally attached printers and network printer resources with a local print queue. A separate Software License is required for each additional Server or Node on which the Software is installed and/or used.
c) Licensee may physically transfer the Software from one Server/Node to another provided that Licensee removes any copy(ies) of the Software from the Server/Node from which the Software is being transferred.
F) Open Text Secure Server License Model. The following terms, conditions and limitations shall apply to the use of Software licensed under the OpenText Secure Server License Model:
The terms, conditions and limitations applicable to the use of Software licensed under the OpenText Secure Server License Model shall be identical to those that apply to Software licensed under the Production Server License Model , with the following exceptions:
a) All connections to the Software on the Server initiated from the same Computer using the same logon credentials shall constitute one client connection (“Client Connection”). Upon granting a Software License, OT shall issue a sequence of alphanumeric characters which represents the maximum number of Client Connections that can be used simultaneously on a Server at any given time. (“Activation Key”). Each Activation Key may only be installed on one Server. The number of Client Connections used at any given time cannot exceed the maximum number of Client Connections based on Licensee’s initial Software License granted to the Licensee and any additional Software Licenses granted. A separate Software License is required for additional Client Connections or additional Servers on which the Software is installed and/or used.
b) Licensee may physically transfer the Software from one Server to another provided that Licensee removes any copy(ies) of the Software from the Server from which the Software is being transferred.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
14) Product Specific Use Restrictions and/or Limitations
The following product specific use restrictions and/or limitations apply only to the specific Software product identified and govern the use of such specific Software product in addition to the terms, conditions and limitations applicable to the Software License and applicable License Model provisions set out in this Schedule and the EULA. In the event of a conflict or inconsistency between the provisions found this section and those found elsewhere in this Schedule and the EULA, the provisions found in this section will prevail to the extent of any conflict or inconsistency.
A) Oracle SOA and Fusion Middleware Suite (Oracle® Service-Oriented Architecture (SOA) Suite)
In the event that OT grants Software Licenses to the Licensee with respect to Oracle’s SOA and Fusion Middleware Suite (Oracle® Service-Oriented Architecture (SOA) Suite) (“ Oracle Software ”), in addition to the other terms and conditions set out in the applicable License Model, Order Document, Documentation and this EULA; such Software License shall limit the Licensee’s use of the Oracle Software to managing users and documents related to the OT Software product “Open Text – Accounts Payable for Oracle” ERP suite only.
B) Vignette Content Management 8.0, Vignette Dynamic Site Module 8.0, Vignette Collaboration 8.0, Vignette Community Services 8.0, Vignette Community Applications 8.0, and Vignette Portal 8.1 or a subsequent version of these Software products
The above listed Software products include an Open Text Common Search module, which is a limited version of Open Text Content Server. The Open Text Common Search module is licensed for the sole purpose of indexing and searching content available to above listed Software products via the Vignette APIs (or the Vignette user interfaces) included with that Program version. If the Licensee has previously licensed an earlier release of one or more of the above listed Software products, and if such previous license included a limited version of Autonomy IDOL™ Server (“IDOL Server”), the license terms related to the limited version of IDOL Server remain and continue to be in full force and effect for those previously-granted licenses. Additionally, if the Licensee has previously acquired licenses for certain Vignette Programs which included the limited version of IDOL Server, for the current and subsequent versions of the above listed Software products licensed pursuant to this EULA, (i) only the above listed Software products or subsequent version, may be used pursuant to this EULA and (ii) those above listed Software products may not be used to access the IDOL Server included with the earlier license.
C) Vignette Content Management Programs
a. General – Notwithstanding anything to the contrary in the Agreement, any use of Vignette Process Workflow Modeler to develop or build workflows is a Production Use.
b. Vignette Rich Media Manager Workgroup Edition – Client must restrict its access and use of Vignette Rich Media Workgroup Edition to the total number of Use Authorizations that Client accesses and uses for Vignette Content Management, but in no event may Client’s access and use of Vignette Rich Media Workgroup Edition exceed ten (10) Named Users.
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
c. Vignette Rich Media Manager Enterprise Edition – Client must restrict its access and use of Vignette Rich Media Enterprise Edition to the total number of Use Authorizations that Client accesses and uses for Vignette Content Management.
D) Vignette Portal Programs Notwithstanding anything to the contrary in the Agreement, any use of Vignette Builder to develop or build software applications is a Production Use. Client must not use any Ephox EditLive! functionality that may be delivered (with Vignette Portal) to Client.
E) Vignette Marketing Programs Client may have an unlimited number of recipients of content generated by Vignette Dialog, provided that such recipients have neither access to nor use of the Vignette Dialog Program, such as its administrative console or other user interfaces.
F) Vignette IDM Programs
a) Vignette IDM – Client may install and use this Program, but only on a Unix-based server, unless Client has purchased a separate license from Licensor, which can be achieved by requesting Licensor’s written consent (such consent not to be unreasonably withheld by Licensor) and paying any of Licensor’s out-of-pocket third party expenses. If Client is using Vignette IDM on a Unix-based server connecting to an Oracle database, then Client will also be licensed under these same terms and conditions to use the ODBC drivers that Licensor makes available to Client, provided that Client must restrict its use of such drivers to be with only Vignette IDM.
b) Vignette IDM Storage Manager for Jukebox – Client may install and use this Program, but only in one (1) installation (i.e., one server, or one group of clustered servers, that executes only one instance of this Program) that is not based on Solaris, unless Client has purchased a separate license from Licensor, which can be achieved by requesting Licensor’s written consent (such consent not to be unreasonably withheld by Licensor) and paying any of Licensor’s out-of-pocket third party expenses.
c) Outside In Viewer Technology – Vignette IDM Programs include a limited version of Oracle’s Outside In Viewer Technology. Oracle or its licensor retains all ownership a n d intellectual property rights to the Outside In Viewer Technology. To the extent permitted by applicable law, Oracle’s liability is disclaimed for (a) any damages, whether direct, indirect, incidental, special, punitive or consequential, and (b) any loss of profits, revenue, data or data use, arising from the use of the Outside In Viewer Technology. If Licensor audits Client’s activity with the Vignette IDM Programs, Licensor may report the audit results to Oracle. In relation to the Outside In Viewer Technology, Oracle is designated as a third party beneficiary of the Agreement. The Agreement excludes the application of the Uniform Computer Information Transactions Act.
G) Vignette Community Programs
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
a) Each Vignette Community Program includes a limited version of one (1) installable instance of Vignette Collaboration, which is licensed solely for use in storing, configuring, managing and delivering User Generated Content produced and supported by such Vignette Community Program and for no other purpose.
b) Each Vignette Community Program includes a limited version of one (1) installable instance of Vignette Portal (“Portal Instance”), which is licensed for deploying portlet instances created or derived from such Vignette Community Program’s Portlets (and custom portlet instances created by Client), but only for the purpose of delivering content and applications produced or supported by such Vignette Community Program. Notwithstanding anything to the contrary in the Agreement, any use of Vignette Builder to develop or build software applications is a Production Use. Client must not use any Ephox EditLive! functionality that may be delivered (with Vignette Portal) to Client.
c) Client understands and agrees that it is solely responsible for all communications, materials, information, opinions, or other content posted and/or submitted by users accessing a Client website using a Vignette Community Program (collectively “User Generated Content”), including without limitation, the legality, reliability, appropriateness, accuracy, integrity, suitability, and quality of the User Generated Content. Licensor has no obligation or responsibility of any kind with respect to the User Generated Content.
H) Vignette Capture Programs
A Scan Station is deemed to be Low, Medium, High, or Ultra if either Column A or Column B applies. In the case of an inconsistency between Column A and Column B, Column B will apply. In the case of Column B, the highest level scanner type will apply to the extent any feature in such column applies. The parties acknowledge and agree that Column B is not an exhaustive list of features, and any ambiguity will be reasonably determined by Licensor in its sole discretion.
Column A Scanner Type Column B Certain Features Maximum Speed
Simplex/Duplex; Greyscale, possibly Low < 50 ppm Color, ADF; Max paper size 11x17 PixTrans ISIS Level 1 & 2
Simplex/Duplex; Image processing, barcode, endorser support, book/ Medium 50-90 ppm microfilm, MFD, Color, Multi-Stream PixTrans ISIS Level 3
Duplex/Continuous Feed; Production, mission-critical, Image processing, High >90 ppm barcode, imprinter, Multi-Stream, etc., PixTrans ISIS Level P Specifically for IBML ImageTrac Ultra N/A Scanners
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
I) Vignette Integration Programs
a) “Adapter” means a component developed by Licensor (or its supplier) for performing one or more application integration tasks linking one or more software applications with the runtime software component of the Vignette Business Integration Studio. “Connection” means only one (1) connection to a data source instance, an ERP application software package instance, or a transaction system instance made by an Adapter.
b) For each Adapter license purchased by Client from Licensor, Client may develop and deploy only one (1) Connection by such Adapter; provided, however, that Client may develop and deploy an unlimited number of Connections by the following Adapters (which are delivered with Vignette Business Integration Studio): Integration Tools; XML; COM Automation; Files; ODBC; EDI; LDAP; Enterprise Java Bean; Java Bean; JMS; JDBC; Orbix; Web; FTP Client; Legacy Access; VC; Web Services; Vignette Adapter for Unstructured Content, Microsoft MQ, IBM MQ, Artesia TEAMS, IBM Content Manager, Lotus Notes, and Microsoft Exchange. Notwithstanding anything to the contrary, even if other Adapters (e.g., the Vignette Adapter for Microsoft Office) are delivered (to Client) with Vignette Business Integration Studio, Client must not use such other Adapters unless Client has purchased a separate license to them.
c) “Vignette iWay Adapters” means only the following Adapters: Vignette Adapter (iWay) for SAP ERP, Vignette Adapter (iWay) for PeopleSoft, Vignette Adapter (iWay) for Siebel, Vignette Adapter (iWay) for J.D. Edwards World, Vignette Adapter (iWay) for J.D. Edwards ERP8, and Vignette Adapter (iWay) for MQSeries Queues. Vignette iWay Adapters are supplied by Information Builders, Inc. with its principal place of business at Two Penn Plaza, New York, New York 10121-2898 (“IBI”). With each Vignette iWay Adapter license purchased by Client from Licensor, Client receives a sublicense from Licensor to install and use only one (1) Connection by such Vignette iWay Adapter; provided, however, that such installation and use must be: (a) specifically in conjunction with other Programs that Client has properly licensed from Licensor; and (b) restricted to an end user environment that Client must identify (in writing to Licensor before such installation and use) by address, manufacturer, and CPU model number. In relation to the Vignette iWay Adapters, IBI is a third-party beneficiary of the Agreement. Client hereby disclaims, to the extent permitted by applicable law, IBI’s liability for any damages, whether direct, indirect, incidental, or consequential arising from the use of the Vignette iWay Adapters. The Vignette iWay Adapters are provided by IBI on an “as is” basis without any IBI warranty of any kind, except for the following representations: (a) the Vignette iWay Adapters as delivered by IBI to Licensor do not infringe upon the rights of any third party; and (b) IBI, at the time of delivery to Licensor, possessed all rights necessary to ensure Licensor’s right to receive, use, and sublicense the Vignette iWay Adapters to Client.
J) Connectivity Products (including: Exceed, Secure Shell, Secure Terminal, Secure Server, HostExplorer NFS Client and NFS Maestro Programs)
SUPPLEMENTARY LICENSING CONDITIONS . The following supplementary licensing conditions are hereby incorporated into and form part of this Agreement:
Open Text End User License Agreement – Americas -- including License Model Schedule – January 11, 2011 (v1.4)
i). For OpenText Exceed XDK the following supplemental licensing conditions apply:
Redistribution of OpenText Exceed XDK Components. Any application created with the components of the XDK may be distributed as long as it meets the following requirements:
a) The following executables and help files may be distributed with an application created via the X Development Kit: LOCALCON.EXE and LOCALCON.HLP.
b) The following executables and resource files may be distributed with an application created via the X Development Kit which uses the X Input Method: KINPUT2.EXE, SJ3SERV.EXE, KINPUT2, SERVERRC, SJ3MAIN.DIC, VISUAL.DIC, SJHK, SJRC, SJRK, SJSB, and SJZH.
c) The following resource files may be distributed with an application created via the X Development Kit: XERRORDB, XKEYSYMDB, LOCALE.DIR, LOCALE.ALIAS, COMPOSE.DIR, and all XLC_LOCALE files.
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young ([email protected]). This product includes software written by Tim Hudson ([email protected]).
Original SSLeay License Copyright (C) 1995-1998 Eric Young ([email protected]) All rights reserved.
This package is an SSL implementation written by Eric Young ([email protected]). The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson ([email protected] ).
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THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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OpenSSH license
This file is part of the OpenSSH software.
The licences which components of this software fall under are as follows. First, we will summarize and say that all components are under a BSD licence, or a licence more free than that.
OpenSSH contains no GPL code.
1) Copyright (c) 1995 Tatu Ylonen
As far as I am concerned, the code I have written for this software can be used freely for any purpose. Any derived versions of this software must be clearly marked as such, and if the derived work is incompatible with the protocol description in the RFC file, it must be called by a name other than "ssh" or "Secure Shell".
[Tatu continues] However, I am not implying to give any licenses to any patents or copyrights held by third parties, and the software includes parts that are not under my direct control. As far as I know, all included source code is used in accordance with the relevant license agreements and can be used freely for any purpose (the GNU license being the most restrictive); see below for details.
[However, none of that term is relevant at this point in time. All of these restrictively licenced software components which he talks about have been removed from OpenSSH, i.e.,
RSA is no longer included, found in the OpenSSL library IDEA is no longer included, its use is deprecated DES is now external, in the OpenSSL library GMP is no longer used, and instead we call BN code from OpenSSL Zlib is now external, in a library The make-ssh-known-hosts script is no longer included TSS has been removed MD5 is now external, in the OpenSSL library RC4 support has been replaced with ARC4 support from OpenSSL Blowfish is now external, in the OpenSSL library
[The licence continues]
Note that any information and cryptographic algorithms used in this software are publicly available on the Internet and at any major bookstore, scientific library, and patent office worldwide. More information can be found e.g. at "http://www.cs.hut.fi/crypto".
The legal status of this program is some combination of all these permissions and restrictions. Use only at your own responsibility. You will be responsible for any legal consequences yourself; I am not making any claims whether possessing or using this is legal or not in your country, and I am not taking any responsibility on your behalf.
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NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2) The 32-bit CRC compensation attack detector in deattack.c was contributed by CORE SDI S.A. under a BSD- style license.
Cryptographic attack detector for ssh - source code Copyright (c) 1998 CORE SDI S.A., Buenos Aires, Argentina. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that this copyright notice is retained.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED. IN NO EVENT SHALL CORE SDI S.A. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR MISUSE OF THIS SOFTWARE.
Ariel Futoransky
3) ssh-keyscan was contributed by David Mazieres under a BSD-style license. Copyright 1995, 1996 by David Mazieres
Copyright 1995, 1996 by David Mazieres
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Modification and redistribution in source and binary forms is permitted provided that due credit is given to the author and the OpenBSD project by leaving this copyright notice intact.
4) The Rijndael implementation by Vincent Rijmen, Antoon Bosselaers and Paulo Barreto is in the public domain and distributed with the following license:
@version 3.0 (December 2000) Optimised ANSI C code for the Rijndael cipher (now AES) @author Vincent Rijmen
This code is hereby placed in the public domain.
THIS SOFTWARE IS PROVIDED BY THE AUTHORS ''AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5) One component of the ssh source code is under a 3-clause BSD license, held by the University of California, since we pulled these parts from original Berkeley code.
Copyright (c) 1983, 1990, 1992, 1993, 1995 The Regents of the University of California. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. Neither the name of the University nor the names of its contributors may The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/) ." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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6) Remaining components of the software are provided under a standard 2-term BSD licence with the following names as copyright holders: This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation, and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com . For more information on the Apache Software Foundation, please see
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Open Text EXMPi556101M1400A-3 132-33 EXCEED POWERSUITE 100-199 VOL LIC MINIMUM 100 $525.44 90 Y
Open Text EXMPi557101M1400A-0 132-33 EXCEED FREEDOM 14 5-19 VOL LICS - MINIMUM 5 $165.04 90 Y EXCEED ONDEMAND 8 NAMED 5-19 VOL LICS - Open Text EXMXO396101M0800A-0 132-33 $402.02 90 N MINIMUM 5 EXCEED ONDEMAND 8 NAMED 20-49 VOL LICS - Open Text EXMXO396101M0800A-1 132-33 $344.58 90 N MINIMUM 20 Open Text EXMXO396101M0800A-3 132-33 EXCEED ONDEMAND 8 NAMED 100-199MINIMUM 100 $281.41 90 N EXCEED ONDEMAND 8 SERVER 5-19 VOL LICS - Open Text EXMXO399101M0800A-0 132-33 $804.03 90 N MINIMUM 5 EXCEED ONDEMAND 8 SERVER 20-49 VOL LICS - Open Text EXMXO399101M0800A-1 132-33 $689.17 90 N MINIMUM 20 Open Text EXMXO399101M0800A-2 132-33 EXCEED ONDEMAND 8 SVR 50-99 MINIMUM 50 $608.77 90 N Open Text EXMXO399101M0800A-4 132-33 EXCEED ONDEMAND 8 SVR 200-499 MINIMUM 200 $219.15 90 N Open Text EXMXO399101M0800A-5 132-33 EXCEED ONDEMAND 8 SVR 500-999 MINIMUM 500 $482.42 90 N
Open Text EXMXO399710M0000R-0 132-33 EODS MIGRATE FR EOD NAMED 5-19 LICS - MINIMUM 5 $402.02 90 N EXCEED ONDEMANDS MIGRATE FR EXCEED Open Text EXMXO399710M0000R-2 132-33 $424.99 90 N ONDEMAND NAMED 50-99 MIN 50 Open Text HBMPi776101M1400A-0 132-33 OT HOSTEXPLORER 14 5-19 VOL LICMINIMUM 5 $175.26 90 Y Open Text HBMPi776101M1400A-1 132-33 OT HOSTEXPLORER 14 20-49 LIC MINIMUM 20 $148.11 90 Y Open Text HBMPi776101M1400A-3 132-33 HOSTEXPLORER 14 100-199 LIC MINIMUM 100 $130.83 90 Y Open Text HBMPi776101M1400A-4 132-33 HOSTEXPLORER 14 200-499 LIC MINIMUM 200 $120.96 90 Y Open Text HBMPi776101M1400A-5 132-33 HOSTEXPLORER 14 500-999 LIC MINIMUM 500 $44.05 90 Y Open Text MAMPi665101M1400A-0 132-33 OT NFS SOLO 14 5-19 VOL LIC MINIMUM 5 $172.80 90 Y Open Text MAMPi665101M1400A-1 132-33 OT NFS SOLO 14 20-49 VOL LIC MINIMUM 20 $148.11 90 Y Open Text MAMPi667101M1400A-1 132-33 OT NFS GATEWAY 14 20-49 VOL LICMINIMUM 20 $160.45 90 Y OPEN TEXT SOCKS CLIENT 14 100-199 VOL LIC MIN Open Text OSMPI305101E1400A-3 132-33 $29.47 90 Y 100 Open Text OSMPI305700E0000Z-3 132-33 OPEN TEXT SOCKS MNT 100-199 VOLLICS MIN 100 $6.05 90 Y Open Text SPMPi570101M1400A-0 132-33 OT CONN SEC SHELL 14 5-19 VOL MINIMUM 5 $47.21 90 Y Open Text SPMPi570101M1400A-1 132-33 OT CONN SEC SHELL 14 20-49 VOL MINIMUM 20 $39.90 90 Y CONNECTIVITY SECURE SHELL 14 50-99 VOL Open Text SPMPi570101M1400A-2 132-33 $35.91 90 Y MINIMUM 50 CONNECTIVITY SECURE SHELL 14 100-199 VL Open Text SPMPi570101M1400A-3 132-33 $33.25 90 Y MINIMUM 100 CONNECTIVITY SECURE SHELL 14 200-499 VL Open Text SPMPi570101M1400A-4 132-33 $29.92 90 Y MINIMUM 200 CONNECTIVITY SECURE SHELL 14 1000-2499 MINIMUM Open Text SPMPi570101M1400A-6 132-33 $26.60 90 Y 1000 Open Text SPMPi573101M1400A-1 132-33 OT SECURE TERMINAL 14 20-49 VOLLICS - MINIMUM 20 $45.34 90 Y 2PORT PS/2 MINICOM SMART KVM EXTENDER CAT5 Tripp Lite 0DT23001 132-8 $198.61 1095 N TAA GSA PS/2 MINICOM MINI KVM CONSOLE SWITCH Tripp Lite 0DT23008 132-8 $151.67 1095 N EXTENDER KIT TAA GSA USB MINICOM MINI KVM CONSOLE SWITCH Tripp Lite 0DT23010 132-8 $198.61 1095 N EXTENDER KIT TAA GSA Tripp Lite 0DT60001 132-8 2PORT USB MINICOM KVM EXTENDER LOCAL TAA GSA $198.61 1095 N MINICOM PS2 TO USB CONVERTER FOR KVM SWITCH Tripp Lite 0DT60002 132-8 $78.42 1095 N & EXTENDER TAA GSA 8PORT PS/2 USB MINICOM SMART 108 KVM SWITCH 1U Tripp Lite 0SU22081 132-8 $266.32 1095 N RM CAT5 TAA GSA 16PORT PS/2 USB MINICOM SMART 116 KVM SWITCH Tripp Lite 0SU22082 132-8 $333.12 1095 N 1U RM CAT5 TAA GSA 16PORT PS/2 USB MINICOM SMART 216 KVM SWITCH Tripp Lite 0SU22090 132-8 $624.68 1095 N 1U RM CAT5 TAA GSA 32PORT PS/2 USB MINICOM SMART 232 KVM SWITCH Tripp Lite 0SU22091 132-8 $1,107.70 1095 N 1U RM CAT5 TAA GSA
Mfg Mfg # SIN PRODUCT DESCRIPTION GSA Warranty Section 508
8PORT PS/2 USB MINICOM SMART 108 SPU KVM SW 1U Tripp Lite 0SU22181 132-8 $352.52 1095 N RM CAT5 TAA GSA 16PORT PS/2 MINICOM SMART 116 SPU KVM SWITCH 1U Tripp Lite 0SU22182 132-8 $431.74 1095 N RM CAT5 TAA GSA MINICOM USB REMOTE UNIT FOR PHANTOM SPECTER Tripp Lite 0SU51011 132-8 $178.87 1095 N KVM SWITCH TAA GSA MINICOM PS/2 REMOTE UNIT FOR PHANTOM SPECTER Tripp Lite 0SU51012 132-8 $115.95 1095 N KVM SWITCH TAA GSA 2PORT IP ACCESS NIC MINICOM SMART KVM REMOTE Tripp Lite 0SU51068 132-8 $586.80 1095 N OVER TAA GSA MINICOM PHANTOM MXII 2U FOR PHANTOM SPECTER Tripp Lite 0SU52016 132-8 $534.80 1095 N KVM TAA GSA 16PORT MINICOM SMARTRACK 116 KVM RACK Tripp Lite 0SU52091 132-8 $1,788.65 1095 N CONSOLE LCD CAT5 TAA GSA PX / IP REMOTE ACCESS MINICOM POWER ON CABLE Tripp Lite 0SU60020 132-8 $133.88 1095 N 90-160VAC TAA GSA MINICOM KVM IP CONTROL LOCAL AND REMOTE Tripp Lite 0SU70017 132-8 $464.02 1095 N SERIAL ACCESS TAA GSA 1PORT USB MINICOM PX REMOTE KVM ACCESS Tripp Lite 0SU70028 132-8 $489.86 1095 N VIRTUAL MEDIA TAA GSA 16PORT IP MINICOM SMART 116 KVMSWITCH 1U RM Tripp Lite 0SU70030 132-8 $709.58 1095 N CAT5 TAA GSA 8PORT IP MINICOM SMART 108 KVM SWITCH 1U RM Tripp Lite 0SU70032 132-8 $630.13 1095 N CAT5 TAA GSA 1PORT IP MINICOM PX SERIAL REMOTE KVM ACCESS Tripp Lite 0SU70033 132-8 $265.16 1095 N TAA GSA MINICOM PX USB EXTERNAL POWER SUPPLY FOR Tripp Lite 0SU70042 132-8 $15.05 180 N 0SU70028 KVM IP 16PORT IP MINICOM SMARTRACK 116KVM RACK Tripp Lite 0SU70050 132-8 $2,112.23 1095 N CONSOLE LCD CAT5 TAA BATTERY 98-121 FOR BP-260 USE W/ APS 512/912/2012 Tripp Lite 98-121 132-8 $401.17 365 N 12V 75AH TAA COMPLIANT UPS ULTRA COMPACT900VA 120V 5- Tripp Lite AVR900UTAA 132-8 $113.75 1095 N 15P 12OUT 2PORT DVI/USB SECURE KVM SWITCHAUDIO NIAP EAL2 Tripp Lite B002-DUA2 132-8 $473.95 365 N TAA GSA 4PORT DVI/USB SECURE KVM SWITCHAUDIO NIAP EAL2 Tripp Lite B002-DUA4 132-8 $519.09 365 N TAA GSA 2PORT DUAL USB 2.0 HUB MONITOR DVI KVM SWITCH Tripp Lite B004-2DUA2-K 132-8 $343.05 365 N AUDIO CABLE TAA 4PORT DUAL USB 2.0 HUB MONITOR DVI KVM SWITCH Tripp Lite B004-2DUA4-K 132-8 $496.52 365 N AUDIO CABLE TAA 16PORT RACK MOUNT CONSOLE KVM SWITCH W/ Tripp Lite B020-016-17-IP 132-8 $2,866.30 365 N BUILT IN IP BLACK 1U RACKMOUNT KVM CONSOLE 17IN LCD BLACK Tripp Lite B021-000-17TAA 132-8 $785.41 365 N TAA COMPLIANT IP REMOTE ACCESS UNIT USB F/ KVM SWITCHES OR Tripp Lite B051-000 132-8 $523.61 365 N SERVERS IP REMOTE ACCESS KVM OVER IP POWER / SERIAL Tripp Lite B051-000-AC 132-8 $631.94 365 N CONTROL TAA GSA USB SERVER INTERFACE MODULE FOR B060-032 KVM Tripp Lite B054-001-USB 132-8 $126.39 365 N SWITCH PS2 SERVER INTERFACE MOD FOR B064-SERIES KVM Tripp Lite B055-001-PS2 132-8 $89.37 365 N SWITCHES SERIAL SERVER INTERFACE MOD FOR B064-SERIES Tripp Lite B055-001-SER 132-8 $89.37 365 N KVM SWITCHES USB SERVER INTERFACE MOD FOR B064-SERIES Tripp Lite B055-001-USB 132-8 $89.37 365 N KVM SWITCHES USB SERVER INTERFACE MODULE F/ B064 -IPG KVM Tripp Lite B055-001-USB-V2 132-8 $112.85 365 N SWITCHES TAA COMP 16PORT 2USER PS2 NETDIRECTOR KVM SWITCH Tripp Lite B060-016-2 132-8 $1,359.57 365 N MATRIX 1U RM USB CONSOLE INTERFACE MODULE FOR Tripp Lite B062-002-USB 132-8 $451.39 365 N NETDIRECTOR CAT5 KVM 16PORT PS2 USB HD15 NETDIRECTORKVM SWITCH 1U Tripp Lite B064-016 132-8 $455.00 365 N RM CAT5 TAA/GSA 16PORT 2+1USER USB PS2 NETDIRECTOR KVM Tripp Lite B064-016-02-IPG 132-8 $2,720.05 1095 N SWITCH CAT5 IP TAA 16PORT CAT5 KVM OVER IP SWITCH 4 IP+1 LOCAL Tripp Lite B064-016-04-IPG 132-8 $4,367.61 1095 N USER TAA / GSA 32PORT CAT5 KVM OVER IP SWITCH 2 IP+1 LOCAL Tripp Lite B064-032-02-IPG 132-8 $3,611.08 1095 N USER TAA / GSA 16PORT 11USER VGA NETCOMMANDER CONSOLE KVM Tripp Lite B070-016-19TAA 132-8 $1,263.88 365 N SW 1U RM 19IN TAA/GSA 8PORT NETCOMMANDER 1U RACKMOUNT CAT5 Tripp Lite B072-008-1 132-8 $292.50 365 N KVM SWITCH 16-PORT NETCOMMANDER 1U RACKMOUNT CAT5 Tripp Lite B072-016-1 132-8 $451.39 365 N KVM SWITCH
Mfg Mfg # SIN PRODUCT DESCRIPTION GSA Warranty Section 508
Tripp Lite B072-016-1-IP 132-8 16PORT 1U RM CAT5 KVM SWITCH W/ IP $920.83 365 N 16PORT SERIAL CONSOLE SERVER MANAGEMENT Tripp Lite B092-016 132-8 $1,543.74 1440 N SWITCH W/ POWERALERT B094-008-2E-M-F 8PORT DB9F RJ45SERIAL CON TERM Tripp Lite B094-008-2E-M-F 132-8 $744.79 730 N SVR MGT SW TAA GSA 3PORT RS-232 RJ-45 IP SERIAL CONSOLE /TERMINAL Tripp Lite B095-003-1E-M 132-8 $514.58 1095 N SERVER W/ MODEM 4PORT RS-232 RJ-45 IP SERIAL CONSOLE /TERMINAL Tripp Lite B095-004-1E 132-8 $374.65 1095 N SERVER 16PORT SERIAL CONSOLE SERVER MANAGEMENT Tripp Lite B096-016 132-8 $1,624.99 1440 N SWITCH 32PORT SERIAL CONSOLE TERMINAL SVR Tripp Lite B096-032 132-8 $2,166.65 730 N MANAGEMENT SWITCH TAA GSA 48PORT SERIAL CONSOLE SERVER MANAGEMENT Tripp Lite B096-048 132-8 $2,708.31 1440 N SWITCH 2PORT DVI SINGLE LINK VIDEO / AUDIO SPLITTER / Tripp Lite B116-002A 132-8 $72.22 365 N BOOSTER 4PORT DVI SINGLE LINK VIDEO / AUDIO SPLITTER / Tripp Lite B116-004A 132-8 $135.42 365 N BOOSTER 4PORT HDMI DVI-D SPLITTER 1080P VIDEO Tripp Lite B118-304-R 132-8 $112.85 365 N RESOLUTION TAA GSA Tripp Lite B119-302-R 132-8 6FT 2-TO-1 HDMI V1.3 SWITCH 1080P W/ HDMI CABLE $32.50 365 N 3PORT HDMI V1.3 VIDEO SWITCH W/1080P Tripp Lite B119-303-R 132-8 $54.17 365 N RESOLUTION DVI F/F BOOSTER EXTENDER UXGA 1600X1200 W/AC Tripp Lite B120-000 132-8 $47.85 365 N ADAPTER UP TO 135FT DVI TO DVI F/F SILVER SINGLE LINK SIGNAL Tripp Lite B120-000-SL 132-8 $41.53 365 N EXTENDER TAA/GSA DISPLAYPORT ACTIVE EXTENDER SIGNAL BOOSTER Tripp Lite B121-000 132-8 $108.33 365 N DISPLAYPORT F/F TAA HDMI SIGNAL EXTENDER F/F EXTEND UP TO 150FT Tripp Lite B122-000 132-8 $36.11 365 N 1080P SUPPORTED HDMI F/F SIGNAL BOOSTER EXTENDER 1080P AT Tripp Lite B122-000-60 132-8 $96.73 365 N 60HZ HDMI TAA/GSA 1FT HDMI ACTIVE SIGNAL EXTENDERCABLE HDMI M/F Tripp Lite B123-001-60 132-8 $67.71 365 N 1 TAA GSA HDMI OVER DUAL CAT6 60HZ WALLPLATE Tripp Lite B125-101-60-WP 132-8 $112.85 365 N EXTENDER KIT TAA GSA HDMI OVER CAT5/CAT6 EXTENDER HDMI/HDCP DUAL Tripp Lite B125-150 132-8 $90.28 365 N CAT5/6 SOURCE/REMOTE 2PORT HDMI OVER CAT5 EXTENDER /SPLITTER Tripp Lite B126-002 132-8 $123.65 365 N TAA/GSA 4PORT HDMI OVER CAT5 EXTENDER /SPLITTER Tripp Lite B126-004 132-8 $199.74 365 N TAA/GSA HDMI OVER CAT5 ACTIVE EXTENDER REMOTE Tripp Lite B126-110 132-8 $153.47 365 N REPEATER TAA GSA HDMI OVER CAT5 ACTIVE EXTENDER REMOTE UNIT Tripp Lite B126-1A0 132-8 $123.65 365 N TAA/GSA Tripp Lite B126-1A1 132-8 HDMI OVER CAT5 ACTIVE EXTENDER KIT TAA/GSA $161.69 365 N HDMI CAT5/CAT6 IR SERIAL RS232 OVER ACTIVE Tripp Lite B126-1A1SR 132-8 $361.11 365 N EXTENDER TAA GSA HDMI OVER CAT5/CAT6 WHT ACTIVE WALLPLATE Tripp Lite B126-1A1-WP 132-8 $153.47 365 N EXTENDER KIT TAA GSA HDMI OVER CAT5 PASSIVE EXTENDERREMOTE UNIT Tripp Lite B126-1P0 132-8 $28.53 365 N TAA/GSA HDMI OVER CAT5 PASSIVE EXTENDERREMOTE Tripp Lite B126-1P0-WP-1 132-8 $29.02 365 N WALLPLATE TAA GSA VGA OVER CAT5 EXTENDER KIT Tripp Lite B130-101-2 132-8 $103.82 365 N TRANSMITTER/RECEIVER TAA GSA VGA & AUDIO OVER CAT5 EXTENDER KIT Tripp Lite B130-101A-2 132-8 $117.36 365 N TRANSMITTER RECEIVER TAA/GSA VGA WITH AUDIO OVER CAT5 RJ45 EXTENDER Tripp Lite B130-101A-WP-1 132-8 $112.85 365 N WALLPLATE KIT TAA/GSA Tripp Lite B130-101S 132-8 VGA/SERIAL OVER CAT5 EXTENDER KIT $121.87 365 N 500FT VGA OVER CAT5 EXTENDER RJ45 TO USB F/M Tripp Lite B130-101-U 132-8 $106.39 365 N KIT USB TAA/GSA VGA OVER CAT5 RJ45 EXTENDER WALLPLATE KIT Tripp Lite B130-101-WP-1 132-8 $99.30 365 N TAA/GSA Tripp Lite B130-111 132-8 VGA OVER CAT5 EXTENDER REPEATERKIT TAA/GSA $153.47 365 N VGA+ AUDIO OVER CAT5 EXTENDER/ REPEATER KIT Tripp Lite B130-111A 132-8 $171.53 365 N TAA/GSA VGA OVER CAT5 EXTENDER 2PORT TRANSMITTER Tripp Lite B132-002-2 132-8 $72.22 365 N HD15 RJ45 TAA GSA VGA OVER CAT5 EXTENDER 4PORT TRANSMITTER Tripp Lite B132-004-1 132-8 $114.14 365 N TAA/GSA
Mfg Mfg # SIN PRODUCT DESCRIPTION GSA Warranty Section 508
4PORT VGA OVER CAT5 EXTENDER/ SPLITTER W/ Tripp Lite B132-004A 132-8 $117.36 365 N AUDIO Tripp Lite B132-100-1 132-8 VGA OVER CAT5 RECEIVER TAA/GSA $61.82 365 N VGA OVER CAT5 REMOTE UNIT EXTENDER/SPLITTER Tripp Lite B132-100A 132-8 $67.71 365 N W/ AUDIO VGA W/ AUDIO OVER CAT5 RECEIVERRJ45 TYPE Tripp Lite B132-100A-WP-1 132-8 $67.71 365 N WALLPLATE TAA/GSA VGA OVER CAT5 RECEIVER RJ45 TYPE WALLPLATE Tripp Lite B132-100-WP-1 132-8 $58.68 365 N TAA/GSA VGA OVER CAT5 EXTENDER REMOTE/ REPEATER UNIT Tripp Lite B132-110 132-8 $81.25 365 N TAA/GSA 4PORT COMPONENT VIDEO W STEREO AUDIO OVER Tripp Lite B136-004 132-8 $103.82 365 N CAT5 SPLITTER CAT5 EXTENDER WALLPLATE KIT COMPONENT Tripp Lite B136-101-WP-1 132-8 $58.68 365 N VIDEO AUDIO TAA GSA Tripp Lite B140-002 132-8 DVI OVER CAT5 EXTENDER/SPLITTER2PORT TAA/GSA $90.28 365 N DVI OVER CAT5 DUAL DISPLAY EXTENDER SPLITTER Tripp Lite B140-002-DD 132-8 $225.69 365 N ACTIVE PASSIVE Tripp Lite B140-004 132-8 DVI OVER CAT5 EXTENDER/SPLITTER4PORT TAA/GSA $162.50 365 N Tripp Lite B140-101 132-8 DVI OVER CAT5 2PC EXTENDER KIT $49.65 365 N Tripp Lite B140-101-WP 132-8 WALLPLATE EXTENDER KIT 2PC FOR DVI OVER CAT5 $49.65 365 N DVI OVER CAT5 2PC SUPER EXTENDER KIT UP TO Tripp Lite B140-101X 132-8 $171.53 365 N 200FT DVI OVER CAT5 REMOTE EXTENDER/ REPEATER UNIT Tripp Lite B140-110 132-8 $189.58 365 N TAA GSA DVI OVER CAT5 ACTIVE EXTENDER REMOTE UNIT TAA Tripp Lite B140-1A0 132-8 $104.62 365 N / GSA DVI OVER CAT5 ACTIVE EXTENDER WALLPLATE KIT Tripp Lite B140-1A1-WP 132-8 $135.42 365 N TAA GSA DVI OVER CAT5 PASSIVE EXTENDER REMOTE UNIT Tripp Lite B140-1P0 132-8 $18.06 365 N TAA/GSA DVI OVER CAT5 PASSIVE EXTENDER REMOTE Tripp Lite B140-1P0-WP 132-8 $22.57 365 N WALLPLATE TAA/GSA 3330 AVEXTN PERP MATRIX SWITCH PLUG & Tripp Lite B140-202 132-8 $171.53 365 N PLAY TAA 2PORT DISPLAYPORT MULTI DISPLAY SPLITTER Tripp Lite B156-002 132-8 $189.58 365 N EXPANDER BOOSTER 2PORT VIDEO DISPLAYPORT TO 2XDVI MONITOR Tripp Lite B156-002-DVI 132-8 $180.55 365 N SPLITTER TAA GSA 2PORT VIDEO DISPLAYPORT TO 2XHDMI MONITOR Tripp Lite B156-002-HDMI 132-8 $180.55 365 N SPLITTER TAA GSA Tripp Lite B165-101 132-8 RS-232 / SERIAL OVER CAT5 EXTENDER KIT $58.68 365 N USB OVER CAT5 EXTENDER USB A/A Tripp Lite B202-150 132-8 $23.47 365 N MALE/FEMALE 330FT USB 2.0 HI SPEED OVER CAT5 EXTENDER KIT Tripp Lite B203-101 132-8 $117.36 365 N 480MBPS TAA/GSA 4PORT HIGH SPEED USB 2.0 OVER CAT5 EXTENDER Tripp Lite B203-104 132-8 $153.47 365 N HUB TAA GSA BATTERY CASE FOR APS SYSTEMS W/CABLES HOLDS 2 Tripp Lite BP-260 132-8 $185.86 730 N 98-121 BATTERIES TAA COMPLIANT EXTERNAL BATTERY FOR UPS 2U Tripp Lite BP48V242UTAA 132-8 $411.32 730 N RACKMOUNT 48V TAA COMPLIANT EXTERNAL BATTERY PACK FOR UPS Tripp Lite BP48V60RT3UTAA 132-8 $976.01 730 N RT 48V CUST PAYS FRT TAA COMPLIANT UPS ENERGY EFFICIENT 550VA Tripp Lite ECO550UPSTAA 132-8 $70.08 1095 N 120V 5-15P 8OUT TAA COMPLIANT UPS ENERGY EFFICIENT 750VA Tripp Lite ECO750UPSTAA 132-8 $96.48 1095 N 120V 5-15P 12OUT ISOLATOR 1000 ISOLATION TRANS 4OUT 6FT CORD Tripp Lite IS1000 132-8 $248.83 730 N 120V 1000W ISOLATOR 1000 ISOLATION TRANS W/4OUT HOSP Tripp Lite IS1000HG 132-8 $381.42 730 N GRADE UL2601-1 120V 1800W ISOLATION TRANSFORMER HOSPITAL GRADE Tripp Lite IS1800HG 132-8 $598.09 730 N 6OUTLET UL2601-1 ISOLATOR 250 ISOLATION TRANS 2OUT 6FT CORD 120V Tripp Lite IS250 132-8 $100.55 730 N 250W ISOLATOR 2OUT HOSP GRADE HG OUTLET/PLUG Tripp Lite IS250HG 132-8 $181.68 730 N UL2601 250W 5-15P ISOLATOR 500 ISOLATION TRANS 4OUT 6FT CORD 120V Tripp Lite IS500 132-8 $159.45 730 N 500W ISOLATOR 4OUT HOSP GRADE HG OUTLET/PLUG Tripp Lite IS500HG 132-8 $252.78 730 N UL2601 500W 5-15P 1000FT CAT5E BULK PATCH CORD SOLID PLENUM Tripp Lite N024-01K 132-8 $311.30 3650 N 24AWG 10PK CAT5 MODULAR RJ45 SOLID CONNECTORS Tripp Lite N030-010 132-8 $3.70 3650 N 4PR PATCH CORD
Mfg Mfg # SIN PRODUCT DESCRIPTION GSA Warranty Section 508
Tripp Lite N031-050 132-8 50PK MODULAR RJ45 CONNECTORS CAT5E STRANDED $9.24 3650 N CAT5E RJ45F/RJ45F STRAIGHT THRUMODULAR Tripp Lite N032-001 132-8 $3.70 3650 N COUPLER 4PORT KEYSTONE FACEPLATE FOR CAT6 CAT5E Tripp Lite N042-001-04-WH 132-8 $1.22 3650 N KEYSTONE JACKS TAA GSA 2PORT WHITE KEYSTONE FACEPLATE FOR N238 Tripp Lite N042-001-WH 132-8 $0.97 3650 N SERIES JACKS Tripp Lite N050-012 132-8 12PORT WALL MOUNT PATCH PANEL CAT5E 568A/568B $24.32 3650 N
Tripp Lite N052-012 132-8 12PORT PATCH PANEL CAT5E 568B $27.24 3650 N Tripp Lite N052-024 132-8 24PORT PATCH PANEL CAT5E 568B $35.99 3650 N Tripp Lite N052-048 132-8 48PORT PATCH PANEL CAT5E 568B $68.10 3650 N Tripp Lite N054-024 132-8 24PORT CAT5E FEED THRU PATCH PANEL 2 $170.24 3650 N Tripp Lite N060-002 132-8 HINGED WALL MOUNT PATCH PANEL BRACKET-2U $29.18 3650 N Tripp Lite N060-004 132-8 HINGED WALL MOUNT PATCH PANEL BRACKET-4U $36.96 3650 N Tripp Lite N222-01K-BL 132-8 1000FT CAT6 GIGABIT BLUE BULK SOLID PVC CABLE $179.97 3650 N Tripp Lite N224-01K-GY 132-8 1000FT CAT6 GIGABIT BULK SOLID PLENUM CABLE $449.27 3650 N IN-LINE COUPLER SLVR KEYSTONE CAT6 STRAIGHT Tripp Lite N235-001-SH 132-8 $13.62 3650 N MOD RJ45 F/F TAA GSA CAT6/CAT5E RJ45 BLUE 110 PUNCH DOWN Tripp Lite N238-001-BL 132-8 $2.48 3650 N KEYSTONE JACK CAT6/CAT5E 110 STYLE PUNCH DOWN KEYSTONE Tripp Lite N238-001-GN 132-8 $2.48 3650 N JACK GRN CAT6/CAT5E 110 STYLE PUNCH DOWN KEYSTONE Tripp Lite N238-001-RD 132-8 $2.48 3650 N JACK RED CAT6/CAT5E RJ45 WHITE 110 PUNCH DOWN Tripp Lite N238-001-WH 132-8 $2.48 3650 N KEYSTONE JACK CAT6/CAT5E 110 STYLE PUNCH DOWN KEYSTONE Tripp Lite N238-001-WH-TF 132-8 $3.53 3650 N JACK WHITE TAA/GSA CAT6/CAT5E 110 STYLE PUNCH DOWN KEYSTONE Tripp Lite N238-001-YW 132-8 $2.48 3650 N JACK YLW Tripp Lite N250-012 132-8 12-PORT CAT6 WALL-MOUNT PATCH PANEL $35.02 3650 N 24PORT CAT6 CAT5E LOW PROFILE WALLMOUNT Tripp Lite N250-024-LP 132-8 $195.68 3650 N PATCH PANEL 1U TAA Tripp Lite N252-012 132-8 12PORT PATCH PANEL CAT6 568B $34.56 3650 N Tripp Lite N252-024 132-8 24PORT PATCH PANEL CAT6 568B $61.29 3650 N 24PORT CAT6 HALF-U PATCH PANEL 0.5U RM 568A/568B Tripp Lite N252-024-HU 132-8 $111.87 3650 N TAA/GSA 24PORT CAT6 KEYSTONE TYPE V-SHAPED PATCH Tripp Lite N252-024-V 132-8 $214.02 3650 N PANEL TAA/GSA Tripp Lite N252-048 132-8 48PORT PATCH PANEL CAT6 568B $116.74 3650 N 48PORT CAT6 1U HIGH DENSITY PATCH PANEL 568A Tripp Lite N252-048-1U 132-8 $214.02 3650 N OR B Tripp Lite N254-024 132-8 24-PORT CAT6 FEED THROUGH PATCH PANEL $204.29 3650 N 24PORT CAT6 SHIELDED FEED THROUGH PATCH Tripp Lite N254-024-SH 132-8 $235.70 3650 N PANEL TAA GSA 3FT T1 RJ48C STRAIGHT THROUGH RJ45M/M PATCH Tripp Lite N265-003 132-8 $12.65 3650 N CORD 7FT T1 RJ48C STRAIGHT THROUGH RJ45M/M PATCH Tripp Lite N265-007 132-8 $16.54 3650 N CORD 10FT T1 RJ48C STRAIGHT THROUGH RJ45M/M PATCH Tripp Lite N265-010 132-8 $19.46 3650 N CORD Tripp Lite N266-003 132-8 3FT T1 RJ48C CROSS-OVER RJ45M/M PATCH CORD $12.65 3650 N Tripp Lite N266-005 132-8 5FT T1 RJ48C CROSS-OVER RJ45M/M PATCH CORD $14.59 3650 N Tripp Lite N266-007 132-8 7FT T1 RJ48C CROSS-OVER RJ45M/M PATCH CORD $16.54 3650 N
Tripp Lite N266-010 132-8 10FT T1 RJ48C CROSS-OVER RJ45M/M PATCH CORD $19.46 3650 N TAA COMPLIANT UPS OMNI VS 1500VA TOWER 120V Tripp Lite OMNIVS1500XLTAA 132-8 $228.51 1095 N 5-15P 8OUT 6IN MINI DISPLAYPORT TO VGA ADAPTER M/F Tripp Lite P137-06N-VGA 132-8 $17.95 3650 N TAA/GSA HDMI OVER CAT5/CAT6 WALLPLATE EXTENDER Tripp Lite P167-000 132-8 $63.23 365 N KIT HDMI F/F Tripp Lite P420-001 132-8 STRAIGHT THRU MODULAR COUPLER RJ11F TO RJ11F $0.78 3650 N Tripp Lite PR15 132-8 DC POWER SUPPLY 120VAC-13.8VDC 15AMP $103.99 365 N Tripp Lite PR20 132-8 DC POWER SUPPLY 120VAC-13.8VDC 20AMP $112.56 365 N Tripp Lite PR25 132-8 DC POWER SUPPLY 120VAC-13.8VDC 25AMP $141.51 365 N Tripp Lite PR30 132-8 DC POWER SUPPLY 120VAC-13.8VDC 30AMP $147.94 365 N Tripp Lite PR50 132-8 DC POWER SUPPLY 120VAC-13 VDC 50AMP $212.26 365 N Tripp Lite PR60 132-8 PR60 POWER SUPPLY 120VAC-13.8VDC 60AMP $248.71 365 N
Tripp Lite S501-24N 132-8 24IN INT SAS 4LANE SFF-8484 TO 4X SFF-8482 TAA/GSA $27.47 3650 N 24IN INT SAS 4LANE MINI SFF-8087 TO 4X SFF-8482 Tripp Lite S504-24N 132-8 $24.18 3650 N TAA
Mfg Mfg # SIN PRODUCT DESCRIPTION GSA Warranty Section 508
1M EXTERNAL SAS SFF-8088 TO SFF-8470 CABLE Tripp Lite S520-01M 132-8 $62.87 3650 N 4LANE Tripp Lite S520-02M 132-8 2M EXT SAS CABLE 4CH SFF-8088 TO SFF-8470 $74.48 3650 N Tripp Lite S520-03M 132-8 3M EXT SAS CABLE 4CH SFF-8088 TO SFF-8470 $94.79 3650 N 1M EXTERNAL SAS SFF-8470 TO SFF-8470 CABLE Tripp Lite S522-01M 132-8 $62.87 3650 N 4LANE Tripp Lite S522-02M 132-8 2M EXT SAS CABLE 4CH SFF-8470 TO SFF-8470 $96.73 3650 N Tripp Lite S522-03M 132-8 3M EXT SAS CABLE 4CH SFF-8470 TO SFF-8470 $135.42 3650 N 1M EXTERNAL SAS SFF-8088 TO SFF-8088 CABLE Tripp Lite S524-01M 132-8 $48.36 3650 N 4LANE Tripp Lite S524-02M 132-8 2M EXTERNAL SAS CABLE 4CH SFF-8088 TO SFF-8088 $56.10 3650 N
Tripp Lite S524-03M 132-8 3M EXTERNAL SAS CABLE 4CH SFF-8088 TO SFF-8088 $88.99 3650 N TAA COMPLIANT UPS SMART PRO 1000VA RT 120V 5- Tripp Lite SM1000RM2UTAA 132-8 $457.03 730 N 15P 6OUT TAA COMPLIANT UPS SMART PRO 1500VA RT 120V 5- Tripp Lite SM1500RMXL2UTAA 132-8 $636.79 730 N 15P 8OUT SMART UPS 2200VA 120V/230V DUALVOLTAGE TAA/GSA Tripp Lite SM2200RMDVTAA 132-8 $1,496.00 730 N CUST PAYS FRT TAA COMPLIANT UPS SMART PRO 2200VA RT 120V 5- Tripp Lite SM2200RMXL2UTAA 132-8 $901.87 730 N 20P 8OUT UPS SMART PRO 3000VA RT 120V L5-30P 9OUT L5-30R Tripp Lite SM3000RMXL2UTAA 132-8 $1,054.21 730 N TAA COMPLIANT SMART UPS 5KVA 6U RM 120V-208V L6-30P USB Tripp Lite SM5000RT3UTAA 132-8 $3,239.82 730 N TAA/GSA CUST PAYS FRT TAA COMPLIANT UPS SMART PRO 1000VA DIGITAL RT Tripp Lite SMART1000LCDTAA 132-8 $169.61 1095 N 120V 5-15P 8OUT TAA COMPLIANT UPS SMART PRO 1050VA TOWER Tripp Lite SMART1050SLTAA 132-8 $365.62 730 N 100V 5-15P 6OUT TAA COMPLIANT UPS SMART PRO 1500VA TOWER Tripp Lite SMART1500XLTAA 132-8 $528.12 730 N 120V 5-15P 6OUT TAA COMPLIANT UPS SMART PRO 2200VA TOWER Tripp Lite SMART2200SLTAA 132-8 $753.59 730 N 120V 5-20P 7OUT TAA COMPLIANT UPS SMART PRO 550VA TOWER 120V Tripp Lite SMART550USBTAA 132-8 $122.89 1095 N 6OUT USB PORT SMARTPRO UPS 700VA TOWER LINE-INT 6OUT 5-15R Tripp Lite SMART700DV 132-8 $649.99 730 N SNMP DUAL VLTG UPS SMART PRO 750VA TOWER 120V NEMA 5-15P 6OUT Tripp Lite SMART750USBTAA 132-8 $141.17 1095 N 5-15R TAA COMPLIANT 25U RACK ENCLOSURE W/ DOORS & SIDES 3000 LB Tripp Lite SR25UBTAA 132-8 $1,059.29 1825 N LOAD CAP TAA / GSA 42U RACK ENCL W/ DRS SIDES 3000LB LOAD CAP TAA / Tripp Lite SR42UBTAA 132-8 $1,228.90 1825 N GSA CUST PAYS FRT SR45UBTAA 45U RACK ENCL 4POST SQUARE HOLE 24IN Tripp Lite SR45UBTAA 132-8 $1,482.80 1825 N W/ DOORS TAA GSA WALL MNT KIRK KEY BYPASS PANEL 240V FOR 20KVA Tripp Lite SU20KMBPK 132-8 $2,685.29 730 N 3-PH CUST PAYS FRT WALL MNT KIRK KEY BYPASS PANEL 240V FOR 30KVA Tripp Lite SU30KMBPK 132-8 $2,685.29 730 N 3-PH CUST PAYS FRT 3BREAKER WALLMOUNT MAINTENANCE BYPASS Tripp Lite SU40KMBPK 132-8 $3,281.46 730 N PANEL FOR SU40K 240V 3BREAKER WALLMOUNT MAINTENANCE BYPASS Tripp Lite SU60KMBPK 132-8 $3,281.46 730 N PANEL FOR SU60K 240V 3 BREAKER WALLMOUNT MAINTENANCEBYPASS Tripp Lite SU80KMBPK 132-8 $6,849.32 730 N PANEL FOR SU80K 240V PROTECT IT SURGE 6OUT 6FT CORD 750J TAA Tripp Lite TLP606TAA 132-8 $10.83 3650 N COMPLIANT Tripp Lite U007-40M 132-8 125FT USB OVER CAT5 EXTENSION USB A M/F $48.64 365 N Tripp Lite U224-1R4-R 132-8 4PORT USB HUB WITH 1 REMOTE PORT OVER CAT5 $63.23 365 N Tripp Lite U224-4R4-R 132-8 4PORT REMOTE USB HUB OVER CAT5 $59.62 365 N HIGH SPEED USB SERIAL ADAPTER REPLACES THE USA Tripp Lite USA-19HS 132-8 $26.30 730 N 19QW USB TWIN SERIAL ADAPTER 2MAC 8PIN SERIAL PORTS Tripp Lite USA-28XG 132-8 $74.30 730 N ROHS COMPLIANT Tripp Lite USA-49WG 132-8 4PORT DB9 SER USB RS232 ADAPTERWIN MAC LINUX $109.40 730 N 3YR EXTD WARR COVERAGE 2200-3000VA SMART PRO Tripp Lite WEXT3-2200-3000 132-12 $81.25 365 N SMART ONLINE VIRTUAL 3YR EXT WARR F/SU5000RT3U SU5000RT3UHV Tripp Lite WEXT3-5000 132-12 $249.84 365 N SMART5000RT3U UPS VIRTUAL Tripp Lite WEXT3-KVM-CONS 132-12 3YR EXTENDED WARRANTY FOR ALL CONSOLE KVM $558.59 730 N 3YR EXTENDED WARRANTY FOR ALL RACKMOUNT Tripp Lite WEXT3-KVM-RMNC 132-12 $1,117.18 730 N NON CONSOLE KVM 5YR EXT WARR COVERAGE VIRTUAL 2200-3000VA Tripp Lite WEXT5-2200-3000 132-12 $223.44 1095 N SMART PRO SMART ONLINE 5YR EXT WARR F/SU5000RT3U SU5000RT3UHV Tripp Lite WEXT5-5000 132-12 $748.51 1095 N SMART5000RT3U UPS VIR
Mfg Mfg # SIN PRODUCT DESCRIPTION GSA Warranty Section 508
5YR EXTD WARR COVERAGE INTERNET OFFICE Tripp Lite WEXT5-INTERNET 132-12 $50.78 1095 N UPS VIRTUAL Tripp Lite WEXT5-KVM-CONS 132-12 5YR EXTENDED WARRANTY FOR ALL CONSOLE KVM $1,117.18 1440 N Wyse 909639-04L 132-8 D00DX 1.4GHZ 2GB/2FL US TAA $363.42 1095 N Wyse 909639-54L 132-8 D00DX 1.4GHZ 2GB/2FL IW US TAA $408.99 1095 N Wyse 909638-04L 132-8 D10D 1.4GHZ 2GB/2FL US TAA. $363.42 1095 Y Wyse 909638-54L 132-8 D10D 2GB/2FL WITH IW $408.99 1095 Y Wyse 909673-04L 132-8 Z10D 2GB/2FL $408.99 1095 N Wyse 909673-54L 132-8 Z10D 2GB/2FL SER/PAR $435.02 1095 N Wyse 909662-24L 132-8 D90D8 2GB/16FL $453.47 1095 N Wyse 909662-74L 132-8 D90D8 2GB/16FL WITH IW $499.03 1095 N Wyse 909662-04L 132-8 D90D8 4GB/16FL $499.03 1095 N Wyse 909662-54L 132-8 D90D8 4GB/16FL WITH IW $544.59 1095 N Wyse 909752-24L 132-8 Z90D8 2GB/16FL $590.16 1095 N Wyse 909752-74L 132-8 Z90D8 2GB/16FL SER/PAR $617.28 1095 N Wyse 909753-24L 132-8 Z90D8 2GB/16FL WITH IW $635.72 1095 N *** Instant Rebate promotion - valid through April 2013. NetGear 909654-04L 132-8 $326.80 1095 Y Minimum 10 units per order *** Instant Rebate promotion - valid through April 2013. NetGear 909740-24L 132-8 $425.04 1095 Y Minimum 10 units per order NetGear 909725-04L 132-8 Z90DE7P 4G FLASH/2G RAM TPM DUAL CORE $556.02 1095 N
NetGear 909725-54L 132-8 Z90DE7P 4G FLASH/2G RAM TPM DUAL CORE WITH IW $588.77 1095 N *** Instant Rebate promotion - valid through January 2013. NetGear 909680-04L 132-8 $326.80 1095 Y Minimum 10 units per order *** Instant Rebate promotion - valid through January 2013. NetGear 909682-04L 132-8 $392.29 1095 Y Minimum 10 units per order *** Instant Rebate promotion - valid through January 2013. NetGear 909686-04L 132-8 $425.04 1095 Y Minimum 10 units per order *** Instant Rebate promotion - valid through January 2013. Wyse 909695-17L 132-8 $763.73 365 N Minimum 10 units per order *** Instant Rebate promotion - valid through January 2013. Wyse 909697-17L 132-8 $832.08 365 N Minimum 10 units per order *** Instant Rebate promotion - valid through January 2013. Wyse 909688-04L 132-8 $408.99 1095 Y Minimum 10 units per order Wyse 920331-01L 132-8 KIT STAND VERTICAL TX0 $10.85 0 N Wyse 920358-01L 132-8 D CLASS DUAL MOUNTING BRACKET $37.97 0 N Wyse 920359-01L 132-8 T CLASS DUAL MOUNTING BRACKET $37.97 0 N Wyse 920359-02L 132-8 P25 ONLY CLASS DUAL MOUNTING BRACKET $37.97 0 N Wyse 920328-01L 132-8 DISPLAY PORT TO HDMI CABLE $26.04 0 N Wyse 920316-01L 132-8 S AND C CLASS SPARE POWER ADAPTER $18.44 0 N Wyse 728553-01L 132-8 PWR CRD 2.5A/125V 1.8M MICK BLK $2.17 0 N Wyse 920321-03L 132-8 KIT SPARE 9 CELL BATT FOR XN0M $99.81 0 N Wyse 909577-04L 132-8 XENITH 2 T00X 8M-SPI/0F/1GR DVIIW US TAA $317.86 1095 N P25 ZERO CLIENT KB/MSE TERA232132FL/542MB DVI 4- Wyse 909569-04L 132-8 $363.42 1095 Y USB RJ45 US TAA P25 32MB (256MB) FLASH/512MB (4GB) DDR3 RAM Wyse 909569-54L 132-8 $363.42 1095 Y FIBER READY TAA Wyse 909569-14L 132-8 P25 TERA2 512R RJ45 USTAA WIN7 DSKL $544.59 1095 Y Wyse 909102-04L 132-8 P45 PCOIP 32M-SPI/512R 4XDP US TAA $771.32 1095 N Wyse 909102-14L 132-8 P45 PCOIP 32M-SPI/512R US TAA WIN7 $952.49 1095 N Wyse 909102-54L 132-8 P45 PCOIP 32M-SPI/512R 4XDP SFPTAA $771.32 1095 N P45 32MB 256MB FLASH/512MB 4GB DDR3 RAM FIBER Wyse 909102-64L 132-8 $952.49 1095 N READY WIN7 COA TAA 1PK E00 ZERO CLIENT MS WIN MULTIPOINT SVR 2011 Wyse 920356-01L 132-8 $45.56 1095 N 1-USB 4PK E00 ZERO CLIENT MS WIN MULTIPOINT SVR 2011 Wyse 920356-51L 132-8 $179.00 1095 N 1-USB Wyse 920333-01L 132-8 E02 ZERO CLIENT WINDOWS 8GB 4-USB VGA 1X US $91.13 1095 N Wyse 920333-51L 132-8 E02 ZERO CLIENT WINDOWS 8GB 4-USB VGA 4X US $360.17 1095 N Wyse 902173-04L 132-8 C30LE 128MB FLASH/512MB RAM TAACOMPLIANT $317.86 1095 N T50 THIN CLIENT KB/MSE LINUX 1GB/1FL 4-USB DVI IW Wyse 909564-04L 132-8 $263.62 1095 N US TAA Wyse 909632-04L 132-8 D50D 1.4G 2GF/2GR US TAA $363.42 1095 N C90LEW THIN CLIENT KB/MSE WES9 1GB/2FL 4-USB DVI Wyse 902168-04L 132-8 $408.99 1095 N IW ES US TAA C90LEW THIN CLIENT KB/MSE WES9 2GB/2FL 4-USB DVI Wyse 902169-24L 132-8 $408.99 1095 N ES US TAA C90LEW THIN CLIENT KB/MSE WES9 2GB/2FL 4-USB DVI Wyse 902168-24L 132-8 $453.47 1095 N IW ES US TAA Wyse 909633-04L 132-8 D90DW 2G FLASH/2G RAM TAA COMPLIANT $416.58 1095 N Wyse 909634-04L 132-8 D90D7 1.4G 4GF/2GR US TAA $453.47 1095 N D90D7 4G FLASH/2G RAM FIBER READY TAA Wyse 909635-04L 132-8 $453.47 1095 N COMPLIANT Wyse 909634-54L 132-8 D90D7 4G FLASH/2G RAM WITH IW TAA COMPLIANT $499.03 1095 N
Mfg Mfg # SIN PRODUCT DESCRIPTION GSA Warranty Section 508
Wyse 909634-24L 132-8 D90D7 8G FLASH/4G RAM TAA COMPLIANT $544.59 1095 N D90D7 8G FLASH/4G RAM FIBER READY TAA Wyse 909635-24L 132-8 $544.59 1095 N COMPLIANT Z90S7 4G FLASH/2G RAM SINGLE CORE SER/PAR PORTS Wyse 909682-54L 132-8 $571.71 1095 N TAA COMPLIANT Wyse 909720-04L 132-8 Z90D7P 8G FLASH/4G RAM TPM DUALCORE $725.76 1095 N Wyse 909720-54L 132-8 Z90D7P 8G FLASH/4G RAM TPM DUALCORE WITH IW $771.32 1095 N X90M7 THIN CLIENT 14IN LED 1.65GHZ WES7 2GB/4FL IW Wyse 909697-77L 132-8 $851.60 365 N 62230 6C US TAA Wyse 909631-04L 132-8 D00D 0G FLASH/2G RAM DUAL CORE TAA COMPLAINT $326.54 1095 N Wyse 909631-24L 132-8 D00D 0G FLASH/4G RAM DUAL CORE TAA COMPLIANT $371.02 1095 N Z00D THIN CLIENT KB/MSE 1.65GHZCLOUD PC 2GB/2FL 6 Wyse 909692-18L 132-8 $544.59 1095 N USB DVI US TAA Z00D 0G FLASH/4G RAM INCLUDES WINDOWS 7 Wyse 909693-24L 132-8 $590.16 1095 N DISKLESS PC COA TAA Z00DE 2G FLASH/2G RAM DUAL COREFIBER READY TAA Wyse 909692-78L 132-8 $590.16 1095 N COMPLIANT Z00DE 2G FLASH/2G RAM DUAL COREUSB MOUSE TAA Wyse 909710-79L 132-8 $590.16 1095 N COMPLIANT Z00DE THIN CLIENT KB/MSE 1.65GHZ 2GB/2FL W/SC Wyse 909710-71L 132-8 $617.28 1095 N US TAA Z00DE 2G FLASH/2G RAM DUAL COREWITH ISC USB Wyse 909710-72L 132-8 $617.28 1095 N MOUSE TAA COMPLIANT T10 THIN CLIENT KB/MSE 1GHZ THIN OS 1GB/0FL DVI 4 Wyse 909566-04L 132-8 $272.30 1095 Y USB TAA C90LE7 THIN CLIENT KB/MSE 1GHZ 2GB/4FL DVI 4-USB Wyse 902199-04L 132-8 $499.03 1095 Y PS2 WL TAA T50 THIN CLIENT KB/MSE 1GHZ LNX1GB/1FL DVI 4-USB Wyse 909563-04L 132-8 $218.05 1095 Y TAA Z90SW THIN CLIENT KB/MSE 1.5GHZWES9 2GB/2FL DVI 6 Wyse 909680-04L 132-8 $453.47 1095 Y USB PS2 TAA Z90S7 THIN CLIENT KB/MSE 1.5GHZWES7 2GB/4FL 6-USB Wyse 909682-04L 132-8 $544.59 1095 Y PS2 DVI TAA Z90S7 THIN CLIENT KB/MSE 1.5GHZWES7 2GB/4FL 6-USB Wyse 909683-04L 132-8 $590.16 1095 Y PS2 WL C0 TAA Z90DW THIN CLIENT KB/MSE 1.6GHZWES9 2GB/2FL DVI Wyse 909684-04L 132-8 $499.03 1095 Y 6-USB TAA Z90D7 THIN CLIENT KB/MSE 1.6GHZWES7 2GB/4FL DVI 6- Wyse 909686-04L 132-8 $590.16 1095 Y USB PS2 TAA Z90D7 THIN CLIENT KB/MSE WES7 1.65GHZ 2GB/4FL 6- Wyse 909686-54L 132-8 $617.28 1095 Y USB 2S+1P TAA Z90D7 THIN CLIENT KB/MSE 1.65GHZ WES7 2BG/4FL Wyse 909687-44L 132-8 $653.08 1095 Y WL FIPS TAA Z90D7 THIN CLIENT KB/MSE 1.65GHZ WES7 2BG/4FL Wyse 909687-54L 132-8 $661.76 1095 Y WL SER/PAR TAA Z50S THIN CLIENT KB/MSE 1.5GHZ SUSE 2GB/2FL SER Wyse 909688-54L 132-8 $435.02 1095 Y PAR TAA Z50S THIN CLIENT KB/MSE 1.5GHZ SUSE 2GB/2FL WL Wyse 909689-04L 132-8 $453.47 1095 Y DVI 6-USB TAA Z50S THIN CLIENT KB/MSE 1.5GHZ SUSE 2GB/2FL SER Wyse 909689-54L 132-8 $480.59 1095 Y PAR WL TAA Z50D THIN CLIENT KB/MSE 1.6GHZ SUSE 2GB/2FL 6-USB Wyse 909690-04L 132-8 $453.47 1095 Y TAA DUAL CORE Z50D THIN CLIENT KB/MSE 1.6GHZ SUSE 2GB/2FL WL 6- Wyse 909691-04L 132-8 $499.03 1095 Y USB TAA DUAL CORE Z50D THIN CLIENT KB/MSE 1.6GHZ SUSE 2GB/2FL WL Wyse 909691-54L 132-8 $526.15 1095 Y SERIAL/PARALLEL TAA Z00D THIN CLIENT KB/MSE 1.65GHZCLOUD PC 2GB/0FL 6 Wyse 909692-04L 132-8 $453.47 1095 N USB PS2 US TAA Z00D THIN CLIENT KB/MSE 1.6GHZ CLOUD PC 4GB/0FL Wyse 909692-24L 132-8 $499.03 1095 N DVI 6-USB TAA Z00D THIN CLIENT KB/MSE 1.6GHZ CLOUD PC 2GB/0FL Wyse 909693-04L 132-8 $544.59 1095 N W/W7 DISKLESS TAA Z90D7 THIN CLIENT KB/MSE 1.65GHZ WES7 4GB/8FL 6 Wyse 909702-24L 132-8 $680.20 1095 Y USB PS2 TAA Z90D7 THIN CLIENT KB/MSE 1.65GHZ WES7 4GB/8FL 6 Wyse 909703-24L 132-8 $725.76 1095 Y USB PS2 WL Z90S7 THIN CLIENT KB/MSE 1.5GHZWES7 4GB/8FL DVI 6- Wyse 909704-24L 132-8 $635.72 1095 Y USB TAA Z90S7 THIN CLIENT KB/MSE 1.5GHZWES7 4GB/8FL SER Wyse 909704-74L 132-8 $661.76 1095 Y PAR TAA Z90S7 THIN CLIENT KB/MSE 1.5GHZWES7 4GB/8GB FL 6- Wyse 909705-24L 132-8 $680.20 1095 Y USB WL US TAA Z90S7 THIN CLIENT KB/MSE 1.5GHZWES7 4GB/8FL WL Wyse 909705-74L 132-8 $707.32 1095 Y SER PAR TAA Z00DE THIN CLIENT KB/MSE 1.65GHZ CLOUD PC Wyse 909710-78L 132-8 $590.16 1095 N 2GB/2FL US TAA
Mfg Mfg # SIN PRODUCT DESCRIPTION GSA Warranty Section 508
Wyse 909551-24L 132-8 X90CW MTC 2GSF/1GR 6C US TAA $684.54 365 N Wyse 909551-54L 132-8 X90CW MTC 2GB/4GFL 6C US TAA 0 $783.26 365 N C90LEW THIN CLIENT KB/MSE 1GHZ 1GB/2FL DVI USB Wyse 902169-04L 132-8 $363.42 1095 Y PS2 MIC US TAA C90LEW THIN CLIENT KB/MSE 1GHZ WES09 2GB/4GB FL Wyse 902169-54L 132-8 $453.47 1095 Y 4-USB 2-PS2 DVI Wyse 902171-04L 132-8 C50LE 1GB/1FL DVI TAA $317.86 1095 Y C10LE THIN CLIENT KB/MSE 1GHZ THINOS 512MB/128FL Wyse 902174-04L 132-8 $299.42 1095 Y DVI IW ES TAA Wyse 902175-04L 132-8 C10LE 512MB/128FL DVI TAA $253.85 1095 Y C90LE7 THIN CLIENT KB/MSE 1GHZ 2GB/4FL 4-USB 2-PS2 Wyse 902198-04L 132-8 $453.47 1095 Y AUD DVI ES TAA Z50S THIN CLIENT 1.5GHZ SUSE LINUX 2GB/2FL DVI 6- Wyse 909688-04L 132-8 $408.99 1095 Y USB C TAA Z00D THIN CLIENT W/SERIAL AND PARALLEL WSM 1.6 Wyse 909692-91L 132-8 $752.88 1095 N GHZ 4GB/64FL Wyse 920322-01L 132-8 E01 MULTIPOINT WORKSTATION 1X US $91.13 1095 N Wyse 920322-51L 132-8 E01 MULTIPOINT WORKSTATION 4X US $360.17 1095 N 104KEY USB G83-6644LUAEU-2 SMARTBOARD Wyse 770364-10L 132-8 $54.24 0 N KEYBOARD BLK W/ PC/SC 104KEY PS2 KEYBOARD BLACK WT WYSE PAD US Wyse 770413-01L 132-8 $21.70 0 N DIRECT SHIP ONLY 104KEY USB PS2 EPC UTC KEYBOARDBLACK DIRECT Wyse 901716-06L 132-8 $21.70 0 N SHIP ONLY Wyse 920207-10L 132-8 OPT USB-SER ADAPTER XPE ROHS ... $26.04 0 N Wyse 920207-11L 132-8 OPT USB-SER WTOS V6.3.0 B35 $26.04 0 N Wyse 920207-51L 132-8 OPT USB-PAR ADAPTER XPE ROHS ... $26.04 0 N Wyse 920222-34 132-8 CX0 1GB/1GB FL LNX CONVERSION KIT $118.25 0 N Wyse 920222-44 132-8 KIT R CLASS WES7 CONVERSION SW ONLY $94.66 0 N Wyse 920222-54 132-8 KIT WES2009 CX0LE CONVERSION SWONLY $91.13 0 N Wyse 920222-95 132-8 KIT VX0LE THINOS CONVERSION W/ MNT $72.68 0 N Wyse 920222-96 132-8 KIT RX0L THINOS CONVERSION W/ MNT $72.68 0 N Wyse 920222-98 132-8 KIT SX0 THINOS CONVERSION W/ MNT $72.68 0 N Wyse 920276-01L 132-8 BLACK PS/2 OPTICAL ROHS MOUSE OPTION $14.10 0 N Wyse 920276-11L 132-8 KIT 920276-11L 3BTN PS2 BLACK SPARE MOUSE $5.42 0 N Wyse 920277-11L 132-8 KIT DUAL MOUNTING BRACKET SX0/CX0LE $37.97 0 N WALL MOUNTING BRACKETS FOR V30 V50 V90 LEAD Wyse 920278-01L 132-8 $16.27 0 N FREE Wyse 920278-11L 132-8 KIT DUAL MOUNTING BRACKET VX0 $45.56 0 N
Wyse 920279-01L 132-8 VERTICAL FEET FOR S SERIES WINTERM ROHS $8.68 0 N
Wyse 920279-51L 132-8 KIT 2FT VERTICAL BLK PLS CLASS $8.68 0 N Wyse 920280-01L 132-8 KIT 4X FEET HORIZONTAL RAIL MNTV CLASS $8.68 0 N Wyse 920294-11L 132-8 KIT WIRELESS SECURITY CLIP FOR VX0L/LE CLASS $10.85 0 N Wyse 920302-01L 132-8 KIT CBL DVI TO VGA VX0L/LE NEED $9.76 0 N Y CABLE FOR DUAL VIDEO - 1 VGA OUTPUT AND 1 DVI Wyse 920302-02L 132-8 $22.78 0 N OUTPUT Wyse 920309-01L 132-8 KIT RN0L/E XN0L/E SPARE POWER ADAPTER $18.44 0 N Wyse 920312-01L 132-8 KIT STAND HORIZ W/4X SCREW RN0L $10.85 0 N Wyse 920312-02L 132-8 KIT STAND HORIZONTAL F/ RN0L/ ZX0 W/ 4X SCREW $10.85 0 N Wyse 920313-01L 132-8 KIT STAND HORIZ W/4X SCREW RN0LE $10.85 0 N Wyse 920315-01L 132-8 KIT MOUNTING BRKT RX0 $16.27 0 N Wyse 920317-01L 132-8 KIT 2GB FL R CLASS $108.48 0 N Wyse 920317-02L 132-8 C/R CLASS 4GB FLASH UPGRADE KIT $154.05 0 N Wyse 920317-03L 132-8 KIT UPG 8GB FLASH FOR R/C CLASS $199.61 0 N Wyse 920317-04L 132-8 KIT 8GB FLASH FOR X/Z CLASS $199.61 0 N Wyse 920317-05L 132-8 KIT 4GB FLASH MEMORY UPGRADE FOR X/Z CLASS $154.05 0 N Wyse 920317-11L 132-8 KIT 2GB R CLASS $118.25 0 N Wyse 920317-12L 132-8 KIT 2G RAM Z CLASS $118.25 0 N Wyse 920317-13L 132-8 KIT 4GB RAM Z CLASS $163.81 0 N Wyse 920317-14L 132-8 KIT 4GB XN0M $163.81 0 N Wyse 920317-15L 132-8 KIT UPG 2GB FOR XM CLASS XN0M $118.25 0 N Wyse 920317-21L 132-8 KIT 2GB/2GB FL R CLASS $218.05 0 N Wyse 920317-22L 132-8 KIT 2GB/4GB FL R CLASS $263.62 0 N Wyse 920321-01L 132-8 KIT XN0C SPARE 6C BATTERY $82.45 0 N Wyse 920324-01L 132-8 KIT DUAL MOUNTING BRACKET P20 $45.56 0 N Wyse 920325-01L 132-8 2GB MEMORY UPGRAGE KIT FOR C-CLASS $118.25 0 N Wyse 920326-01L 132-8 KIT DUAL MOUNTING BRACKET FOR ZX0 $45.56 0 N Wyse 920327-01L 132-8 KIT DISPLAYPORT TO DVI-D F/ ZX0 $26.04 0 N Wyse 920332-01L 132-8 KIT POWER ADAPTER HOLDER TX0 $10.85 0 N