Education/State 81Local Government Purchase Agreement Tl'ii Educator/State gi Local Government Purchase Agreemert ~'Agreernef't")is rude between Apple ,PC a California corporation located at 1 dinitc loop, Cupert~no,CA 9501 4 :-Appie''\ ad. University System (on behalf the ir'.titutioc or Aqency Name ("Purchaser'"; of :ilaryland of m.-iber institutions of the Maryland Education Lnterprise Consortiw Address -+4- o \J ~rf Thnd---,A or "mi ) city, ST zap Adelphi. I'JD 20733-1600
Purchase Authorizations Purchaser represents and warrants the fotlowtriq wdicw by checking one box oniy)'
UCheck this katfpurchaser Is a && enthy. 0 Check this box if Purchaser i5 a && entk'y.
Appte reserves complete discretion in making eligibility determinations Should Purchaser's status chanqe, Furchaser shall notify Apple irnrnedidtely
1. Definitions option. A. Apple Products. "Apple Products" means hardware, software. tefvice, support, and training products wanufactured. distributed or D. Payment. Purchaser shall be invoiced upon shipment of Products licensed ["sold"; under the Apple brand name, that Purchaser may and, provided Purchaser is qualified for credit with Apple, payment acquire from Apple for tts own use. of such invoice wll be due no later than thirty (30)day; from date of invoice Apple will also charge for any fees due From Purchaser by B. Products. "Products" means hardware, sioftware, service. wppon rcquiation or statute. ncLding. if app icab c. fee', d~e..rider the and traininq products, includinq Apple Product that may be sold by California E ccrronic Waste Re:yclnq Act or similar sai-ie
0. Price. Pines shall be as set forth on the applicable Apple price list 4. Praprietaty Rights. Purchaser, as an end user, is licensed to use in effect on the date Purchaser's order if accepted by Apple. Apple any so+tware contained in the Products, subject to the terms of the wserws the right to accept of decline any order, in whole or in part license accompanying the Products, if any, and the applicable Apple may cancel any accepted order prior to shipment. Unless patent, trademark, copyright, and other inrellectual property, federal Purchaser notifies Apple otherwise, Apple may make partial and state law of the United States Urlesi Purchaser has obtained shipments of Purchaser's orders. Apple will not be liable for any Apple's prior written consem. Purchaser in addtticn to any faiiure to ship complete orders Purchaser will be invoiced obligatiors or reslrictions set forth in any license that may separately fof each partol shipment and will pay each invoice when accompany a Product, shall not copy the software, excepr to back du~,without regard to subsequent dellveries. Apple 'nM allocate its up or fa archival purposes, and Purchaser shall promptly affix to available inventory and make detiverieii (including partial any such copy the same proprietary and cupyrighfs notices as were shipments) in its wle discretion and without lability to Fuichai~r affixea to the original Purchaier $hall not disassemblf, decompile Fncei :nclude standard freight and insutanrr wing an Apple- reverse engmeef, copy. modif$ create derivative works rhcreof or elected carrier All applmble tocai $ales or use taxes, dutirs and otherwise chancre any of the software or it5 form, other imposts, if any. due on account of purchases hereurder shall be paid by Purchaser Proof of tax exempt status must be on file at 5. End User Indemnification Apple's Support Ccrter for any order tc be treated as a !ax-cxempt 4. Apple will deferd any pfeccedirq or acnor brouqht by a rhrd transaction party aqawst Furcbaser to the raten: bawd or a clitirn !h.it >l;the marketing or ficer.sed use of dfy Apple-brdrded product sold by C Delivety. Title and risk df los tc all Products will pa!,$ to Apple that Purchaser has paid to acquire irfrirqes iiry US piitert, Purchaser upon shprncnt from Apple's shipping locatsar For copyright, trademark, trade srcrf or ofhcr proprietary qht cf a Producis shipped puriu~irtto Apple's i~r-dardpracticei ir all bu' tt'ird party, ci" i2'i a de%c:we Appic Pf'cdu~directiy caused death or the lasf week cf ~vwyApple? fiscal quarwr during tbc !em of has persor.$l irfufy or damafje ic tarqtblv prnpcrry 'proviufd :he Aqrccrricfr, Applp will mu? ciedià or rcpldce "raducti ifturrcd nriTluiAt at ~VJChnis ro* fcwr d'l'vrfa ircri~fi~i^ or ctFf~,-,~>e d,x Yo '¥iarniigin triir5.r or tr'di arr iai! an rrariit Fcr Produn: rl-rfrqed by F~'chawr: Applt wiil div.^-,fyFt~":h-d';ci ';i dar- q(;; dipped puwiir" :o Apple i ¥it.irdiir practices .r !he liir wwk id a~-drijedto 'hiid piarwi >;tfxly a$ 4 rtxutt ~f w:*' r,.iuri, Appw~ <-w/ Apple fiical qudrter durtrg the rerm cf :PC Aqreerr-err, Apple ebiqatm !o 30 defwd iir.7 ~rdern-.'~Pi;r':ha;er ,i r.~v.r-~jiir';I- will not S~UPrrrh:; ,;r rcp!rfct' ur~d'~r.:¥retimed due ro d.ir"~qcir PurcPdier'5 The duly authorized representatives of the parties execute this Agrcem~ctas afthe dates set forth below. Purchaser s SIGNATURE: v ------ TITLE Chancellor TITLE ~dwionContracts Manager OAT: DEPT Sales Cortdicf. M,iraqcrren; Addendum to the EducatiodState & Local Government Purchase Agreernen t This Addendum to the Educatiow'State & Local Government Purchase Agreement ("Addendum") modifies the Educat ion23 tate & Local Government Purchase Agreement ("Agreement') between Apple Inc.. a California corporation located at 1 Infinite Loop, CA 950 14 ("Apple") and: Customer Name ("Purchaser") University System of Maryland (on behalf of the member institutions of the Maryland Education Enterprise Consortium or "MEEC") Address: 3300 Metzerott Road City, ST, Zip: Adelphi, Id9 20783-1690 This Addendum further modifies the Agreement as follows: 1. Purchase Authorizations. This section is modified by adding the following: Eligible Purchasers. A. Eligible Purchasers include member institutions of the Maryland Educational Enterprise Consortium that are in good standing with MEEC, as specified in Exhibit A, Eligible purchasers include public and private higher education institutions, public K 12 school districts, private schools, libraries, museums, and teaching hospitals within the State of Maryland. Products purchased shall be for the Purchaser's and each Eligible Purchaser's own use in its facilities in the United States or in connection with educational purposes, and shall not be purchased for the purpose of resale to another entity or individual. Apple and Purchaser reserve complete discretion in making eligibility determinations, and such determinations shall be mutually agreed upon by the parties. Should any Eligible Purchaser's status change as a MEEC member in good standing. Purchaser shall notify Apple immediatciy by submitting an updated Exhibit A. MEEC is not an eligible purchaser under this Agreement. B. An Eligible Purchaser becomes authorized to purchase under this Agreement once it executes the Contract "Piggyback" Consent Form, which binds the Eligible Purchaser to the terms of the Agreement. Each Eligible Purchaser shall be solely responsible and liable for the purchases made directly by it and its own departments, and on its own purchase orders. Purchaser and Eligible Purchasers shall not be liable for any purchases made by or acts of any other Eligible Purchaser purchasing under this Agreement. C. For purposes of this Agreement, references to "Purchaser" and "Eligible Purchaser" arc used interchangeably herein except for Section 7 of the Agreement and with respect to any rcfcrcnccs to Purchaser as the contracting party signing this Agreement. Additionally. Purchaser and Eligible Purchaser along with Apple, may be referred to as "the parties" in these sections. 2. Section 2.C, Delivery. This section is stricken in its entirety and replaced with the following: Title and risk of loss to all Products will pass to Purchaser upon delivery to Purchaser's delivery point. If Purchaser provides Apple with specific shipping instructions, Apple wilt use commercially reasonable efforts to ship such orders according to Purchaser's instructions. Shipping charges for orders shipped under Purchaser's instructions will be added to Apple's invoice, or shipped freight collect, at Apple's option. When not shipping Products pursuant to Apple's standard practices but instead shipping via a carrier selected by Purchaser, Apple will not issue credits or replace Products returned due to damage in transit or that are lost in transit. 3. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect. The duly authorized representatives of the parties execute this Addendum as of the dates set forth below. Purchaser Apple Inc. SIGNATURE: ^_) f^_ f^Ci^-vJ\ SIGNATURE: 8 t l/ '^ PRINT NAME: William E . Kirwan PRINT NAME: ~WI~II~~,-, TITLE: Chancellor TITLE: DATE: 11 & 7 DEPT: Sales Contracts Management - Exhibit A MEEC Members (Eligible Purchasers) Allegany College of Mary land Allegany County BOE Allegany County Public Library heArundel Community College Anne Arundel County Public Library Anne Arundel County Public Schools Archbishop Spalding High School Archdiocese of Washington Arlington Baptist School Augsburg Academy Bais Yaakov School for Girls Baltimore City Community College Baltimore City Public School System Baltimore County Public Library Baltimore County Public Schools Baltimore School for the Arts Barnesville School Beth Tfiloh School Bnos Yisroel School BOARD OF ED. HARFORD COUNTY Bowie State University Boy's Latin School of Maryland BRD OF ED OF WORCESTER COUNTY Bryn Mawr School Calvert County Public Schools Calvert Hall College High School Capitol College Cardinal Gibbons School Caroline County Public Schools Carroll Community College Carroll County Public Library Can-oil County Public Schools Cecil Community College Cecil County Public Library Cecil County Public Schools Charles County Public Schools Charles E. Smith Jewish Day School Chesapeake Christian School Chesapeake College Christo Rey Jesuit High School College of Art, The Maryland Institute College of Notre Dame of Maryland - College of Southern Maryland Columbia Union College Community College of Baltimore County Coppin State University Crest Lane SDA School Dorchester County Public Schools Eastern Shore Junior Academy Eastern Shore Regional Library Enoch Pratt Free Library Father Andrew White, SJ School Father Kolbe School Frederick Community College Frederick County Public Schools Friends School of Baltimore Friendship Adventist School Frostburg State University Garrett College Garrett County Public Schools Garrison Forest School Gerstell Academy Glenelg Country School Goucher College Grace Bible Baptist School Green Acres School Hagerstown Community College Harford Community College Hebrew Day School Highland View Academy Hood College Howard Community College Howard County Public Library Howard County Public Schools Immaculate Conception School Immaculate Conception School Indian Creek School Institute of Notre Dame Israel Henry Berm High School Jemicy School John Carroll School Kemp Mill Montessori School (Kehillat Montessori) Krieger Schechter Day School Lamb of God School Landon School Loyola Blakefield Loy ola College Maryland Independent College and University Association Maryland State Department of Education Maryvale Prep School McDanieI College McDonogh School McLean School of Maryland MD Association of Community Colleges Office Melvin J Berman Hebrew Academy Mercy High School MHEC System Office Monsignor Slade Catholic School Montessori School (The) Montgomery College Montgomery County Public Schools Morgan State University Mother of God School Mount St. Joseph High School Mount St. Mary's University Muslim Community School National Library of Medicine New Psalmist Christian School Norbel School Norwood School Notre Dame Preparatory School Olde Mill Christian Academy(MDs Church on the Rock Oldfields School Our Lady of Fatima Our Lady of HopdSt Luke School Our Lady of Mount Camel High School Our Lady of Perpetual Help School Primary Day School, Inc. (The) Prince George's Community College Prince George's County Memorial Library System Prince George's County Public Schools Queen Anne School Queen Annes County Public Schools Resurrection, St. Paul Roland Park Country School Ruth Enlow Library Salisbury University Seton Keough High School (The) Severn School Sisters Academy of Baltimore Sojourner-Douglass College Somerset County Public Schools Southern Maryland Higher Education Center St. Augustine School St. Margaret School St. Clement Mary Hofbauer School St, Francis de Sales School St. Francis of Assisi St. James School St. John the Evangelist (Hydes, MD) St. John's at Prospect Hall St. John's College St. Joseph School, Cockeysville St. Joseph Schod,Fullerton St. Louis School St. Martin's Lutheran School St. Martin's-in-the-Field Day School St. Mary of the Assumption School St. Mary's College St. Mary's Schools St. Mary's County Public Schools St. Mary's Seminary & University St. Paul's School (for Boys) St. Paul's School for Girls St. Philip Neri School St. Pius X School St. Rose of Lima School St. Timothy's School St. Ursula School Tai Sophia Institute Takoma Academy Talbot County Public Schools Talmudical Academy The Bullis School The Catholic High School of Baltimore The Country School The Holton Arms School The Johns Hopkins University The Key School The King's Christian Academy The Odyssey School The Park School Torah Insititue of Baltimore Torah School of Greater Washington Towson University Trinity School Uniformed Services University of Health United States Naval Academy University Maryland University College University of Baltimore University of Maryland College Park University of MD Baltimore University of MD, Baltimore County University of MD, Biotechnology Institute University of MD, Center for Env Science University of MD, Eastern Shore USM Headquarters Villa Julie College Washington Bible College Washington College Washington County Public Schools West Nottingham Academy Wicomico County Public Schools Wor- Wic Community College Yeshiva of Greater Washington Yeshivat RambamfMaimonides Academy of Baltimore