DOCSLIB.ORG

AR3106 Hyland Master Agreement

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
AR3106 Hyland Master Agreement Contract #: AR3106 STATE OF UTAH COOPERATIVE CONTRACT 1. CONTRACTING PARTIES: This contract is between the Utah Division of Purchasing and the following Contractor: Hyland Software, Inc. Name 28500 Clemens Road Street Address Westlake Ohio 44145 City State Zip Vendor # VC0000172097 Commodity Code #: 920-05 Legal Status of Contractor: Limited Liability Company Contact Name: Steph Gowin Phone Number: 1-440-788-5975 Email: [email protected] 2. CONTRACT PORTFOLIO NAME: Cloud Solutions. 3. GENERAL PURPOSE OF CONTRACT: Provide Cloud Solutions under the service models awarded in Attachment B. 4. PROCUREMENT: This contract is entered into as a result of the procurement process on FY2018, Solicitation# SK18008 5. CONTRACT PERIOD: Effective Date: Thursday, July 18, 2019. Termination Date: Tuesday, September 15, 2026 unless terminated early or extended in accordance with the terms and conditions of this contract. 6. Administrative Fee: Contractor shall pay to NASPO ValuePoint, or its assignee, a NASPO ValuePoint Administrative Fee of one-quarter of one percent (0.25% or 0.0025) of contract sales no later than 60 days following the end of each calendar quarter. The NASPO ValuePoint Administrative Fee shall be submitted quarterly and is based on sales of the Services. 7. ATTACHMENT A: NASPO ValuePoint Master Terms and Conditions, including the attached Exhibits ATTACHMENT B: Scope of Services Awarded to Contractor ATTACHMENT C: Pricing Discounts and Schedule ATTACHMENT D: Contractor’s Response to Solicitation # SK18008 ATTACHMENT E: Hyland Software Master Agreement; Process Manual; Service Class Manual; and LawLogix Order Form (Guardian) Any conflicts between Attachment A and the other Attachments will be resolved in favor of Attachment A. 9. DOCUMENTS INCORPORATED INTO THIS CONTRACT BY REFERENCE BUT NOT ATTACHED: a. All other governmental laws, regulations, or actions applicable to the goods and/or services authorized by this contract. b. Utah Procurement Code, Procurement Rules, and Contractor’s response to solicitation #SK18008. 10. Each signatory below represents that he or she has the requisite authority to enter into this contract. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract shall be the date provided within Section 5 above. CONTRACTOR DIVISION OF PURCHASING Noreen B Kilbane Jul 19, 2019 Jul 19, 2019 Noreen B Kilbane (Jul 19, 2019) Contractor's signature Date Director, Division of Purchasing Date Noreen B Kilbane Chief Administrative Officer Type or Print Name and Title Internal Contract Tracking #: AR3106 Solicitation #: SK18008 Vendor #: VC0000172097 Note: Exceptions negotiated on sections 1, 2, 5, 6, 7, 8, 10, 13, 16, 17, 19, 21, 22, 25, 26, 28, 30, 31, 32, and 41. Attachment A: NASPO ValuePoint Master Agreement Terms and Conditions 1. Master Agreement Order of Precedence a. Any Order placed under this Master Agreement shall consist of the following documents: (1) A Participating Entity’s Participating Addendum1 (“PA”); (2) NASPO ValuePoint Master Agreement Terms & Conditions, including the applicable Exhibits2 to the Master Agreement; (3) The Solicitation (as a reference document only); (4) Contractor’s response to the Solicitation, as revised (if permitted) and accepted by the Lead State (as a reference document only); and (5) The Hyland Software Master Subscription Agreement (6) LawLogix Guardian Order Form. The Hyland Master Subscription Agreement may be revised by the Participating Addendum. b. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contractor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. 2. Definitions - Unless otherwise provided in this Master Agreement, capitalized terms will have the meanings given to those terms in this Section. Confidential Information means (a) any software (including the Hosted Solution) utilized by Hyland Software in the provision of the Service and its respective source code; (b) Customer Data; and (c) each party’s business or technical information, including but not limited to the Documentation, training materials, any information relating to software plans, designs, costs (other than costs on a contract, Participating Addendum, or purchase order under this Master Agreement), and names, finances, marketing plans, business opportunities, personnel, research, development or know-how that is designated by the disclosing party as “confidential” or “proprietary” or the receiving party knows or 1 A Sample Participating Addendum will be published after the contracts have been awarded. 2 The Exhibits comprise the terms and conditions for the service models: PaaS, IaaS, and PaaS. Attachment A – Page 1 of 23 should reasonably know is confidential or proprietary. Regardless of the foregoing, other sections of this Master Agreement permit disclosure of Confidential Information that is required to be disclosed by state open records laws. Contractor means the person or entity providing solutions under the terms and conditions set forth in this Master Agreement. Contractor also includes its employees, subcontractors, agents and affiliates who are providing the services agreed to under the Master Agreement. Customer means the purchasing entity as designated in an executed Hyland Software Master Subscription Agreement. Customer Data means any and all electronic data and information of Customer or Users stored within the Hosted Solution. Customer Data Incident means an unauthorized disclosure of Customer Data resulting from Contractor’s failure to comply with the SaaS Security Attachment. Without limitation, Customer Data Incident does not include any of the following that results in no unauthorized access to Customer Data or to any Hyland’s systems storing Customer Data: (a) pings and other broadcast attacks on firewalls or edge servers; (b) port scans; (c) unsuccessful log-on attempts; (d) denial of service attacks; or (e) packet sniffing (or other unauthorized access to traffic data that does not result in access beyond IP addresses or headers). Data Categorization Is not applicable to Contractor’s Service because Contractor treats all Customer Data the same. Disabling Code means viruses, worms, time bombs, Trojan horses and other malicious code, files, scripts, agents or programs. Fulfillment Partner means an authorized third-party reseller qualified and authorized by Contractor, and approved by the Participating State under a Participating Addendum, who may, to the extent authorized by Contractor pursuant to Contractor’s reseller process, fulfill any of the requirements of this Master Agreement including but not limited to providing Services under this Master Agreement and billing Customers directly for such Services. Contractor may, upon written notice to the Participating State, add or delete authorized Fulfillment Partners as necessary at any time during the contract term. Fulfillment Partner has no authority to amend this Master Agreement or to bind Contractor to any additional terms and conditions. High Risk Data [reserved] Infrastructure as a Service (IaaS) [reserved] Intellectual Property means any and all patents, copyrights, service marks, trademarks, trade secrets, trade names, patentable inventions, or other similar Attachment A – Page 2 of 23 proprietary rights, in tangible or intangible form, and all rights, title, and interest therein. Lead State means the State centrally administering the solicitation and any resulting Master Agreement(s). Low Risk Data [reserved] Master Agreement means this agreement executed by and between the Lead State, acting on behalf of NASPO ValuePoint, and the Contractor, as now or hereafter amended. Moderate Risk Data is as defined in FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems (“Moderate Impact Data”). NASPO ValuePoint is the NASPO ValuePoint Cooperative Purchasing Program, facilitated by the NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company (doing business as NASPO ValuePoint) is a subsidiary organization the National Association of State Procurement Officials (NASPO), the sole member of NASPO ValuePoint. The NASPO ValuePoint Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The NASPO ValuePoint Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State. Non-Public Data [reserved] Participating Addendum means a bilateral agreement executed by a Contractor and a Participating Entity incorporating this Master Agreement and any other additional Participating Entity specific language or other requirements, e.g. ordering procedures specific to the Participating Entity, other terms and conditions. Participating Entity means a state, or other legal entity, properly authorized
Load more

Recommended publications
  • The Forrester Wave™: Enterprise Content Management Suites, Q4 2009 by Stephen Powers, Brian W
    November 12, 2009 The Forrester Wave™: Enterprise Content Management Suites, Q4 2009 by Stephen Powers, Brian W. Hill, and Craig Le Clair for Information & Knowledge Management Professionals Making Leaders Successful Every Day For Information & Knowledge Management Professionals Includes a Forrester Wave™ November 12, 2009 The Forrester Wave™: Enterprise Content Management Suites, Q4 2009 Traditional Players Continue To Lead, While Microsoft Makes Inroads by Stephen Powers, Brian W. Hill, and Craig Le Clair with Matthew Brown and Peter Schmidt EXECUTIVE SUMMARY In Forrester’s 70-criteria evaluation of eight enterprise content management (ECM) suite vendors, we found that IBM, Oracle, EMC, and Open Text lead due to breadth and depth of functionality and a continued focus on end-to-end ECM needs. Strong Performer Microso! lacks depth in certain areas of ECM, with a focus on business content rather than transactional or persuasive, but its lighter footprint and collaboration functionality continue to give it market momentum. Other Strong Performers include Hyland So!ware — traditionally focused on imaging and archiving but expanding into records management and work"ow — and HP, which has leveraged its 2008 TOWER So!ware acquisition and o#ers document management, imaging, and records. Finally, Contender Alfresco So!ware, with an open source o#ering, lacks overall ECM suite breadth, but it’s gained traction with enterprises looking for an ECM alternative with a lower-cost entry point. TABLE OF CONTENTS NOTES & RESOURCES 2 Today’s ECM Market: Broad, Diverse, And A Forrester conducted evaluations in July 2009 Priority for Enterprises and spoke with 27 vendor and user companies.
    [Show full text]
  • Onbase in the Hyland Cloud Hyland Cloud // EXPERIENCE MATTERS
    OnBase in the Hyland Cloud Hyland Cloud // EXPERIENCE MATTERS When it comes to cloud deployments, experience matters. With experience MORE THAN comes more functionality, an established history of demonstrated service levels, proven security and a large, active customer community. 13 The Hyland Cloud delivers that experience. In 2004, Hyland’s enterprise YEARS content management (ECM) offering, OnBase, was the first mainstream online ECM solution to be deployed in the cloud. Hyland continues to pioneer innovative cloud solutions today, like ShareBase (a cloud-based file sharing app). When deployed in the Hyland Cloud, the exact same ECM software is used for 700+ hosted OnBase customers as is used for Hyland’s on-premises OnBase deployments. The solution is offered via our world-class hosting environments, located in more than 10 locations worldwide. Billionsof DOCUMENTS The Hyland Cloud provides a full technical infrastructure and software platform that allow organizations to harness the power of OnBase without purchasing or managing hardware and software on-premises. Hyland Cloud Data Centers Multiple Petabytes OF CONTENT STORED 800+ 160+ 26 Hyland Cloud customers organizations using ShareBase countries Ashburn, VA › Pittsburgh, PA › Kansas City, KS › Cleveland, OH › Queretaro, 11 Mexico › London, United Kingdom › Amsterdam, Netherlands › Sydney, Australia data centers Melbourne, Australia › Auckland, New Zealand › Wellington, New Zealand 2 | OnBase in the Hyland Cloud INDUSTRIES The Hyland Cloud provides Healthcare · Full ECM in the cloud
    [Show full text]
  • SHI INTERNATION, CORP. Contract No. ADSPO16-130651 Effective
    Software Value-Added Reseller (SVAR) Services MASTER PRICE AGREEMENT with SHI INTERNATION, CORP. Contract No. ADSPO16-130651 State of Arizona Lead State Effective: April 8, 2016 to April 7, 2018 1 | Page 2 | Page State of Arizona Master Agreement State Procurement Office 100 North 15th Avenue, Suite 201 Table of Contents Phoenix, AZ 85007 Contract No: ADSPO16-130651 Description: Software Value-Added Reseller (SVAR) Services Table of Contents EXECUTED OFFER AND ACCEPTANCE FORM......................................................................................................... 2 TABLE OF CONTENTS ................................................................................................................................................. 3 SECTION 1: NASPO ValuePoint Solicitation ADSPO16-00005829 – GENERAL INCFORMATION ......................... 4 SECTION 2: SCOPE OF WORK ................................................................................................................................... 7 SECTION 3: NASPO ValuePoint Master Agreement Terms and Conditions ......................................................... 22 SECTION 4: Lead State (State of Arizona) Terms and Conditions ........................................................................ 37 State of Arizona Special Terms and Conditions ....................................................................................... 37 State of Arizona Uniform Terms and Conditions ...................................................................................... 50
    [Show full text]
  • Annual Report 2017
    State of Ohio Leadership Enabling Economic Development $ budget Financial Strength 2 Billion reserves as of 6/30/2017 $ Competitive 5 Billion tax cuts $ rebate to companies for Business Climate 5 Billion worker compensation premiums 2011-2017 $ transportation Infrastructure 14 Billion infrastructure investment 2011-2017 Investments State investments and policies have moved Ohio up significantly in key rankings: Most Improved State for Business Approaching 500,000 New Private Sector Jobs #2 State for Quality of Life Front Cover: 1) Transportation Research Center (TRC), East Liberty, Ohio 2) McLane, Findlay, Ohio 3) Hyland Software, Westlake, Ohio 4) Quality Electrodynamics, Mayfield, Ohio 2 JobsOhio Leadership Driving Economic Development new job $ new New Jobs 139,178 commitments 6.2 Billion payroll retained job $ retained Retained Jobs 416,066 commitments 24.3 Billion payroll Capital $ new capital Investments 38.2 Billion investment $ revitalization $ leveraged Revitalization 169 Million investment 2 Billion investment Feb. 2013 - Dec. 2017 Data represents projects from July 2011 - Dec. 2017 JobsOhio recognized as third best state economic development organization Dedicated to Improving Communities and the Lives of Ohioans. 3 Table of Contents A Message from Leadership. 5 JobsOhio Impact ..................................... 10 Key Economic Highlights .............................. 20 JobsOhio Strategy .................................... 24 JobsOhio Programs ................................... 32 Championing Ohio’s Business Brand ..................... 44 Corporate Governance ................................ 46 Financial Highlights .................................. 50 Regional Partner Highlights ............................ 52 4 A Message from JobsOhio Leadership We begin this letter with a sense of gratitude and pride capital. The job creation result represents an 11 percent about JobsOhio, which has grown only stronger over increase over 2016, and these new jobs will create a the last five years.
    [Show full text]
  • Hyland to Take on Debt to Pay Shareholders Planned $131M Dividend Distribution Signals Investor Confidence in Westlake Software Firm
    20101213-NEWS--1-NAT-CCI-CL_-- 12/10/2010 1:17 PM Page 1 Vol. 31, No. 49 $1.50/DECEMBER 13 - 19, 2010 Hyland to take on debt to pay shareholders Planned $131M dividend distribution signals investor confidence in Westlake software firm By CHUCK SODER credit rating reports issued by [email protected] Moody’s Investors Services and Standard & Poor’s Ratings Services. Hyland Software Inc. plans to Transactions in which a company take on $225 million in debt that it takes on debt to pay shareholders would use to fund a $131 million were rare during the worst of dividend payment to shareholders the economic downturn but have and to refinance existing loans. grown in popularity over the past The Westlake-based document few months, particularly among management software company companies owned by private equity plans to secure a $205 million firms. Thoma Bravo, a private equity senior secured term loan that would firm with offices in Chicago and San be due in 2016 as well as a $20 Francisco, bought a majority stake million secured revolving credit in Hyland Software in mid-2007. facility due in 2015, according to See HYLAND Page 22 INSIDE 12 Days of a Cleveland Christmas You need some serious cash to afford all the gifts of the 12 Days of Christmas, Cleveland-style. Following in the spirit of GETTING LOADED the annual PNC Christmas Price Index, we determine how much various Cleveland-centric gifts would cost you, from Browns tickets to rock stars and beer. Check out the Port officials take a shot at diverting some imported localized lyrics and our gift list on Page 3.
    [Show full text]
  • Fact Sheet: Onbase for Guidewire
    ® ™ ONBASE FOR GUIDEWIRE Do you know? OnBase, a globally recognized and awarded enterprise content management (ECM) solution, is used by insurance organizations worldwide to streamline processes, improve customer service, reduce costs, increase internal controls, manage regulatory requirements and prove compliance. Our customers are our partners. Hyland has been in harmony with Guidewire since it was founded in 2001. Hastings Mutual, the first Guidewire customer, also is a Hyland customer. In fact, the OnBase integration for Guidewire was first implemented at Hastings Mutual. Integrates Service and development • Hyland supports a Guidewire-focused development team that works shoulder- to-shoulder with Guidewire’s development department; the results are with all stronger integrations and product enhancements. Guidewire Centers • Hyland maintains a Guidewire-focused implementation and technical services team with a single mission of delivering consistent results during deployments and upgrades. The result? Best practices and exemplary service standards. Partnership • Hyland is the only certified, PartnerConnect ECM solution provider. • We are the first solution provider to develop accelerators alongside Guidewire. • OnBase is the only ECM product with five certified Guidewire accelerators. Integrations • OnBase™ Integration for Guidewire ClaimCenter® improves response time and delivers a high percentage of customer satisfaction rates/net promoter scores Only by automating customer interactions. • OnBase™ Integration for Guidewire PolicyCenter®
    [Show full text]
  • Onbase in the Hyland Cloud Hyland Cloud // EXPERIENCE MATTERS
    OnBase in the Hyland Cloud Hyland Cloud // EXPERIENCE MATTERS When it comes to cloud deployments, experience matters. With experience MORE THAN comes more functionality, an established history of demonstrated service levels, proven security and a large, active customer community. 13 The Hyland Cloud delivers that experience. In 2004, Hyland’s enterprise YEARS content management (ECM) offering, OnBase, was the first mainstream online ECM solution to be deployed in the cloud. Hyland continues to pioneer innovative cloud solutions today, like ShareBase (a cloud-based file sharing app). When deployed in the Hyland Cloud, the exact same ECM software is used for 700+ hosted OnBase customers as is used for Hyland’s on-premises OnBase deployments. The solution is offered via our world-class hosting environments, located in several locations around the globe. Billionsof DOCUMENTS The Hyland Cloud provides a full technical infrastructure and software platform that allow organizations to harness the power of OnBase without purchasing or managing hardware and software on-premises. Hyland Cloud Data Centers 9 Data Centers Across the Globe HYLAND700+ CLOUD CUSTOMERS Amsterdam London Cleveland, Ohio Ashburn, Virginia Multiple Queretaro Petabytes OF CONTENT STORED Sydney Auckland Wellington Melbourne 2 | OnBase in the Hyland Cloud INDUSTRIES The Hyland Cloud provides Healthcare · Full ECM in the cloud with OnBase · Software performance optimization including load-balanced application · Stringent compliance with ISO and web servers 27001:2013, SOC 1, 2
    [Show full text]
  • Authorized Distributors/Dealers
    DocuSign Envelope ID: 4AF24A89-A9F2-4774-8B91-93ED7DECE9A6 AUTHORIZED DISTRIBUTORS/DEALERS Hyland Software reserves the right to modify this list as needed throughout the life of this contract, per the terms of the negotiated contract: 1. Xerox Corporation 45 Glover Ave PO Box 4505 Norwalk, Connecticut 06856-4505 www.xerox.com 2. Imagesoft, Inc. 25900 W. 11 Mile Rd. Suite 100 Southfield, Michigan 48034 http://www.imagesoftinc.com 3. Information Access Systems, dba Databank 900 South Goldenrod Suite C Orlando, Florida 32822 http://www.iasinc.net 4. Keymark, Inc. 105 Tech Lane Liberty, South Carolina 29657 http://www.keymarkinc.com 5. OSAM Document Solutions, Inc., dba Databank 3520 North 16th Street Phoenix, Arizona 85016 http://www.osaminc.com 6. eDocument Resources LLC, dba Databank IMX, LLC 6101 Baker Road Suite 207 Minnetonka, Minnesota 55345 http://www.edocumentresources.com 7. NEKO Industries Olympus Corporate Center 3017 Douglas Blvd, Suite 300 Roseville, California 95661 http://www.nekoind.com 8. Results Engineering 130 Wetherby Lane Westerville, Ohio 43081 © Hyland Software, Inc. All rights reserved. DocuSign Envelope ID: 4AF24A89-A9F2-4774-8B91-93ED7DECE9A6 http://kmbs.konicaminolta.us 9. Northwoods Consulting Partners, Inc. 5815 Wall St. Dublin, Ohio 43017 http://www.teamnorthwoods.com 10. Databank, IMX 12000 Baltimore Avenue Beltsville, Maryland 20705 http://www.databankimx.com 11. Prime AE Group, Inc. 8415 Pulsar Place Suite 300 Columbus, Ohio 43240 http://www.3sg.com 12. eDocs Technologies 700 River Ave. Pittsburgh, Pennsylvania 15212 http://edocstechnologies.com 13. Konica Minolta Business Solutions 100 Williams Drive Ramsey, New Jersey 07446 http://www.konicaminolta.com 14. Integrated Data Products 1839 Richmond Lane Iowa City, Iowa 52240 http://www.idpcentral.com © Hyland Software, Inc.
    [Show full text]
  • Magic Quadrant for Enterprise Content Management Published: 23 September 2013
    G00253757 Magic Quadrant for Enterprise Content Management Published: 23 September 2013 Analyst(s): Mark R. Gilbert, Karen M. Shegda, Kenneth Chin, Gavin Tay, Hanns Koehler-Kruener ECM delivers solid business benefits to IT leaders as the market shows continued growth. The 23 vendors in this Magic Quadrant are addressing increased demands for better mobile and cloud capabilities, as well as more rigorous expectations for vertically specific needs. Market Definition/Description Enterprise content management (ECM) can be viewed from two perspectives: ■ As a strategic approach, ECM can help enterprises take control of their content and, in so doing, boost effectiveness, encourage collaboration and make information easier to share. ■ As a software toolset, ECM consists of a set of capabilities and/or applications for content life cycle management that interoperate, but that can also be sold and used separately. The core components of an ECM suite are: ■ Document management. Core capabilities include check-in/check-out, version control, security and library services for business documents. Advanced capabilities include compound document support and content replication. ■ Image-processing applications. These applications enable users to capture, transform and manage images of paper documents. We require a vendor to offer: (1) document capture (scanning hardware and software, optical and intelligent character recognition technologies, and form-processing technology) using native capabilities or a formal partnership with a third- party solution provider, such as KnowledgeLake, Kofax, EMC (Captiva) or IBM (Datacap); and (2) the ability to store images of scanned documents in the repository as "just another" content type in a folder, and to route them through an electronic process.
    [Show full text]
  • Corporate Fact Sheet
    CORPORATE FACT SHEET Company Description For over 20 years, Hyland Software has helped our more than 11,000 lifetime customers by providing real-world solutions to everyday business challenges. That dedication is why Hyland realizes double-digit revenue growth year after year, and why 98 percent of our customer base continues to renew its annual maintenance. Our customers see the ongoing value of partnering with Hyland and consistantly continue to work with us. Hyland’s enterprise content management (ECM) solution, OnBase, is one of the most flexible and comprehensive ECM products on the market today. OnBase empowers users to grow their solutions as needs change and business evolves. OnBase is tailored for departments, but comprehensive for the enterprise. The solution gives you what you need today and evolves with you over time. Our Focus OUR SOFTWARE By solving business needs that rely on documents, content and people, OnBase helps organizations run better, smarter and faster. OnBase combines deep document imaging, workflow and business process management functionality with features purpose-built and delivered by people with proven industry expertise in Financial Services, Government, Healthcare, Higher Education, Insurance, Manufacturing, Retail and Wholesale Distribution markets. OUR SERVICES Hyland provides a wide range of Professional Services including data conversion, ECM consulting, training and document imaging services, allowing customers to fully maximize their existing technology investments. The flexibility of OnBase allows customers to choose the deployment option that’s right for them, including on-premises, subscription-based and cloud offerings. OnBase customers can also move between those options as their needs change or as their business grows.
    [Show full text]
  • Hyland Software, Inc
    ( Hyland Software, Inc. Contract, Exhibits and Supporting Documentation ( { l. Contract#: EU-9617-12026543 ( Software End User License Agreement (Domestic Version) IMPORTANT- READ CAREFULLY This End User License Agreement ("EULA") is made between Hyland Software, Inc. ("Hyland"), 28500 Clemens Road, Westlake, Ohio 44145 USA, and Clark County ("User"), 1300 Franklin Street, Vancouver, Washington 98660 with respect to the licensing of the software products or modules listed or described on Exhibit A attached hereto, including , in each case, third party software bundled by Hyland as part of a unified product, and any security device(s) that may be used to protect the Software from unauthorized use ("Software"). 1. LICENSE: (a) Subject to payment in full of the Software license fees, Hyland grants to User a perpetual (except as otherwise provided in this EULA), non-exclusive, non-assignable (except as otherwise provided in this EULA), limited license to the Software, in machine-readable object code form only, solely for use by: (i) User internally, and only for capturing, storing, processing and accessing User's own data; and (ii) subject to Section l(m) below, by a third party contractor retained by User as a provider of services to User ("Contractor''), but only by the Contractor for capturing, storing, processing and accessing User's own data in fulfillment of the Contractor's contractual obligations as a service provider to User. The Software is licensed for use by a single organization and may not be used for the processing of third-party data as a service bureau, application service provider or otherwise. User shall not make any use of the Software in any manner not expressly permitted by this EULA.
    [Show full text]
  • 1. Parties. This Participating Addendum Is a Contract Between
    STATE OF VERMONT PARTICIPATING ADDENDUM # 39745 FOR NASPO VALUEPOINT PURCHASING PROGRAM: CLOUD SOLUTIONS Led by the State of Utah Master Agreement # AR3106 Contractor: Hyland Software, Inc. Contractor’s NASPO ValuePoint Webpage: https://www.naspovaluepoint.org/portfolio/cloud-solutions-2016- 2026/hyland-software-inc/ 1. Parties. This Participating Addendum is a contract between the State of Vermont, through its Department of Buildings and General Services, Office of Purchasing & Contracting (hereinafter “State” or “Vermont”), and the Contractor identified above. It is the Contractor’s responsibility to contact the Vermont Department of Taxes to determine if, by law, the Contractor is required to have a Vermont Department of Taxes Business Account Number. 2. Subject Matter. This Participating Addendum authorizes the purchase of Cloud Solutions from Contractor pursuant to the Master Agreement identified above, which is hereby incorporated by reference. Contractor’s awarded categories are: a. Software as a Service (SaaS): As used in this Participation Addendum is defined as the capability provided to the consumer to use the Contractor’s applications running on a Contractor’s infrastructure (commonly referred to as ‘cloud infrastructure). The applications are accessible from various client devices through a thin client interface such as a Web browser (e.g., Web-based email), or a program interface. The consumer does not manage or control the underlying cloud infrastructure including network, servers, operating systems, storage, or even individual application capabilities, with the possible exception of limited user-specific application configuration settings. 3. Definitions. Capitalized terms used, but not defined herein, have the meanings ascribed to such terms in the Master Agreement between the Lead State and the Contractor.
    [Show full text]