HomeMy WebLinkAboutMicrosoft 2006-04-28Microsoft Licensing, GP Tel 775 823 5600
6100 Neil Road Fax 775 826 0506
' y Reno. NV 89511-1137 //� A Microsoft Company
Volume Licensing Customer,
Welcome to the Microsoft volume Licensing Program. Enclosed
is your copy of your new Volume Licensing Agreement with
Microsoft, which is now in effect with your company.
By now you should have received an email notification from
Microsoft regarding acceptance of the terms and conditions of
your Volume Licensing Agreement. The email notification
contains current contract information such as licensing pools,
participant contact information, and more.
In addition to the electronic email acceptance letter, you
should have received a second email from Microsoft with
information regarding an on-line resource for Microsoft Volume
Licensing customers. This web resource, called Microsoft
volume Licensing Services (MVLS), contains detailed and
confidential information regarding your Microsoft volume
Licensing account, including transaction history, product
downloads, and Volume Licensing Product Keys.
If you have not received your electronic acceptance
notification or MVLS instructions please contact your Large
Account Reseller or Enterprise software Advisor for Assistance.
Keep this contract in a secure location. It important that you
understand all of the terms and conditions contained within,
and can access the information if questions arise.
Thank you,
Microsoft Licensing, GP
Microsoft Licensing. GP is an equal opportunity employer.
Kroft,
prise
Custom Microsoft Enterprise Enrollment
(For Use solely under Me Riverside county Enterprise Agreement)
Microsoft Business Agreement
number (if applicable)
Reseller or Microsoft affiliate to
complete
Enterprise Agreement number
Reseller or Microsoft affiliate to
complete
Enrollment number
Microsoft affiliate to complete
Reseller purchase order number
Reseller to complete
Previous Enterprise Enrollment
number
Reseller to complete
Previous Enterprise Enrollment
end date
Reseller to complete
This Microsoft Enterprise Enrollment is entered into between the following entities. Each party will notify
the other in writing if any of the information in the following table changes.
Customer
be provided to
someone or some place other than above,
Name of Entity
Contact Name
City of Ukiah
Mary Horger
(This person handles access to online information, receives order
Street address
confirmations, true ups, renewal and other notices, unless a different
Contact E-mail Address
contact is provided below.
Street Address
Contact E-mail Address (required for online access)
411 West Clay Street
maryh@cityofukiah.com
City State/Province
Phone
Ukiah CA
(707) 463-6233
Country Postal code
Fax
U.S.A. 95482
(707) 463-6234
Microsoft Account Manager: Microsoft Account Manager E-mail:
Russel Buetow russelb@microsoft.com
Contracting Microsoft Affiliate
MICROSOFT LICENSING, GP - 6100 Neil Road, Suite 210 - Reno, Nevada USA 89511-1137 - Dept. 551,
Volume Licensing
If online access and notices should
complete this section:
be provided to
someone or some place other than above,
Name of Entity
Contact Name
City of Ukiah
Steven Butler
Street address
Contact E-mail Address
411 West Clay Street
(required for online access)Stevenb@cityofukiah.com
City
State/Province
Phone
(707) 463-6209
Ukiah
CA
Country
Postal Code
Fax
U.S.A.
95482
Custom Microsoft EA Enrollment 030929
OPEN ENROLLMENT PERIOD (indirect) v6.1
Cover Page
Page 1 of 11
additionlf duplicate electronic contractual
..complete
notices should
be provided to
someone or some place in
Name of Entity
Contact Name
City of Ukiah
Mary Horger
Street Address
Contact Email Address (required for electronic notice)
411 West Clay Street
maryh@cityofukiah.com
City
State/Province
Phone
Ukiah
CA
(707)463-6233
Country
Postal Code
Fax
U.S.A.
95482
J
(707)463-6234
Definitions. As used in this enrollment, "you" refers to the entity that signs this enrollment with us, and
"we" or "us" refers to the Microsoft entity that signs this enrollment. All other definitions in the Microsoft
Enterprise Agreement identified above apply here.
Effective Date. If you are renewing Software Assurance from one or more previous "Enterprise
Enrollments" (as defined in subsection 3(a) (Placing the initial order) of the Microsoft Enterprise
Agreement identified above), then the effective date will be the day after the expiration of the first of those
Enterprise Enrollments to expire. Otherwise the effective date will be the date this enrollment is signed by
us. Where a previous Enterprise Enrollment is being used, your reseller will require the Enterprise
Enrollment number and end date to complete the applicable boxes above.
Term. This enrollment will expire 60 full calendar months from the effective date indicated below unless
terminated earlier or renewed as provided in the Microsoft Enterprise Agreement. We will provide you
with written notice 60 days prior to expiration of the initial enrollment or renewal term advising you of your
renewal options. For a description of renewal options, see subsection 11(e) of the Microsoft Enterprise
Agreement (How to renew an enrollment). The 60 -month initial term is required by The County of
Riverside as indicated in the original request for proposal and final award. You may terminate this
enrollment for your convenience without penalty on the third anniversary of this enrollment (or at any
other time as permitted by California law) subject to proportional licensing as set forth in Section 11(d) of
the agreement.
Representations and Warranties. By signing this enrollment, the parties agree to be bounds by the
terms of this enrollment, and you represent and warrant that: (i) you have read and understand the
Microsoft Enterprise Agreement, including any amendments to that document, and the product use rights,
and agree to be bound by those terms; (ii) you are either the entity that signed the Microsoft Enterprise
Agreement or its affiliate; (iii) the information that you provide on this cover page and each of the attached
forms is accurate; and either (iv)you have 250 or more qualified desktops; or (v) as a condition of entering
into this enrollment with 100 - 249 qualified desktops, you have elected not to receive CD ROMs as part
of the enrollment, and therefore no CD ROMs will automatically be shipped to you. If you are enrolling
with 100 - 249 qualified desktop and you would like to receive CD kits and updates, you may order these
through your reseller for a fee.
Non -exclusivity. This enrollment is non-exclusive. Nothing contained in it requires you to license, use or
promote Microsoft software or services exclusively. You may, if you choose, enter into agreements with
other parties to license, use or promote non -Microsoft software or services.
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) v6.1 Cover Page Page 2 of 11
Microsoft Licensing, GP
6100 Neil Road, Suite 210
Reno, Nevada USA 89511-1137
Dept. 551, Volume Licensing
Microsoft
Law and Corporate Affairs
One Microsoft Way
Redmond, WA 98052 USA
Volume Licensing Group
(425) 936-7329 fax
This enrollment consists of (1) this cover page, (2) the Enterprise Order Form, and (3) the Reseller
Information Form.
Customer Contracting Microsoft Affiliate
Name
City of Ukiah icrosoft Licensing, GP
Sig _
Sign e '
Printed Name
Prina me
Joylene Hill
Candace Horsley
Printed Title
Printed Title
City Manager
Signature Date
Signature Date
(date Microsoft affiliate countersigns) A ft 2006
04/25/06
Effective Date
(may be different than our signature date) 4-7
L.- ,
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) v6.1 Cover Page Page 3 of 11
Enterprise Order Form
1. Defining your enterprise.
Use this section to identify which affiliates will be included in your enterprise. Your enterprise must
consist of entire government agencies, departments or legal jurisdictions, not partial government
agencies, departments, or legal jurisdictions. Each affiliate must be entirely "in" or entirely "out." All
affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment
of their own will automatically be included unless you fill in part b below (when we refer to an Enterprise
Enrollment in this section 1, we mean either (i) a Microsoft Enterprise Select Agreement; (ii) an enterprise
enrollment entered into under a separate Microsoft Select Master Agreement or Microsoft Enterprise
Agreement; (iii) an enterprise subscription enrollment under a separate Microsoft Enterprise Subscription
Agreement; or (iv) any other enrollment submitted under the Microsoft Enterprise Agreement identified on
the cover page).
You and all affiliates will be participating
® You and the following affiliates will be participating (if no affiliates will be participating, write "none" on line 1)
(attach a list of names on a separate piece of paper if more than 5 affiliates are being included):
1
2
3
4
5
® You and all affiliates, except the following affiliates, will be participating (attach a list of names on a separate piece of
paper if more than 5 affiliates are being excluded):
1
2
3
4
5
❑I Exclude all affiliates acquired after the enrollment effective date that are not party to an Enterprise
Enrollment of their own.
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) v6.1 Enterprise Order Form Page 4 of 11
Enterprise Order Form
2, Selecting your language option.
Your selection below will determine the languages in which you may run the products licensed under this
enrollment. If you select "Listed Languages," you may run (i) all copies of each of your products in any of
the languages identified as "Listed Languages" below, and (ii) up to 10% of the copies of each of your
products in any of the languages identified as "Restricted Languages" below. If you select "All
Languages," you may run all copies of your products in any of the "Listed Languages" and any of the
"Restricted Languages."
Listed Languages
All Languages
Languages"
Arabic
Korean
Simplified Chinese
Japanese
Traditional Chinese
Polish
Czech
Portuguese (Brazil)
English
Russian
French Canadian
Turkish
Hebrew
Thai
Hungarian
Spanish
Danish
Languages"
Greek
Dutch
Italian
English
Norwegian
Finnish
Portuguese (Portugal)
French
Spanish
German
Swedish
English is a "Listed Language,' except when restricted as described in the "Restricted Languages' list (see footnote 3)
2 Spanish is a "Listed Language," only if this enrollment is signed in Latin America
3 English is a "Restricted Language" if this enrollment is signed in Austria, Belgium, Denmark, France, Finland, Germany, Ireland, Italy,
Luxembourg, Netherlands, Norway, Portugal, United Kingdom, Switzerland, Sweden, or Spain
4 Spanish is a "Restricted Language" unless this enrollment is signed in Latin America
3. Language allocation,
Provide us with your good faith estimate of the specific languages in which you will run all copies of all
products and the approximate percentage of those copies you will run in each language. Information that
you provide here does not limit your future use of products under this enrollment in any permitted
language within the language group you select above. Attach a separate sheet if more space is needed.
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) v6.1 Enterprise Order Form
r00
Page 5 of 11
Enterprise Order Form
4, Applicable currency.
The currency we accept is based on the country in which you are located. All payments must be made
under this enrollment in the accepted currency.
Frnd„” gtir'acce ted etarreric'', in the CGrrenc , Table,beloW.and fill in this
Type of currency: U.S. Dollars
Currency Table:
Australian Dollars
Accepted.
Australia
Canadian Dollars
Canada
Danish Krone
Denmark
EUROs
Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Greece, Italy,
Luxembourg, Netherlands, Norway, Portugal, Spain, Switzerland, Sweden, and United
Kingdom
Japanese Yen
Japan
Korean Won
Korea
New Zealand Dollars
New Zealand
Norwegian Krone
Norway
Pounds Sterling,
United Kingdom
Swedish Krona
Sweden
Swiss Francs
Switzerland
Taiwan Dollars
Taiwan
US Dollars
United States, Latin America, Asia (except Japan, Korea, and Taiwan), Eastern Europe,
Middle East, Africa
5, Establishing your price level.
The initial price level for each product family for the Open Enrollment Period shall be Level D.
Ehter'the number ot.quafifled desk#ops You' fiave irr your`enterprise iri,box 5(a).
Qualified Desktops: You represent that the total number of qualified desktops in
175
your enterprise is, or will be increased to, this number during the initial term of this
enrollment.
5(a)
The unit reference prices of the following payments (collectively, the "adjustable payments') are subject to change
(`adjustment'), provided that the agreement annual price level has increased or decreased, relative to the initial price
level, as of the first anniversary of an enrollment.
(i) the second and third annual installment payments for the qualified desktops ordered pursuant to
the initial order,'
(ii) additional qualified desktops (if any) ordered pursuant to the first and second anniversary true up
order,
(iii) , additional quantities of additional products (if any) ordered pursuant to the first and second
anniversary true up order, • and
(iv) all subsequent payments.
Please refer to Section 19 of the Microsoft Enterprise Agreement for complete details.
Determination of pricing for additional products.
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) v6.1 Enterprise Order Form Page 6 of 11
Enterprise Order Form
During the term of this enrollment, and provided that you are party to a Microsoft Select Agreement (or its
successor) during such term, the volume discount level for each additional product ordered shall be the
volume discount level that corresponds to the applicable volume discount level for the product pool in
which such product is available pursuant to such Microsoft Select Agreement. For example, if Microsoft
Project, which is a member of the Applications pool, is ordered as an additional product, and if, as of the
date of such order, the Select volume discount level for the Applications pool is "Level D," then the
additional product reference price for such copy of Microsoft Project shall be determined according to the
then -current Level D additional product price list.
Should you cease to be party to a Microsoft Select Agreement (or its successor) during the term of this
Enterprise Agreement, then the volume discount Jevel for each additional product in each annual pricing
period shall be determined based upon such annual pricing period's aggregate family desktop count for
the product family in which such additional product is contained, pursuant to the following Table:
Aggregate Family
Desktop Count
Annual Price
Level Name
250-2,399
Level A
2,400 - 5,999
Level B
6,000 - 14,999
Level C
15,000 — 39,999
Level D
40,000 — 59,999
Level D — 2%
60,000 — 79,999
Level D — 4%
80,000 — 119,000
Level D — 6%
120,000+
Level D — 7.5%
6. Enterprise Product Orders.
Your prices and payment terms for all products ordered will be determined by agreement between you
and your reseller.
a. Initial order for enterprise products.
The reference price for the enterprise products covered by your initial order is set forth in the customer
price sheet which accompanies this agreement. We will invoice your reseller in five annual installments.
The first installment will be invoiced upon our acceptance of this enrollment; the remaining installments
will be invoiced at the anniversaries of the enrollment effective date. The Enterprise Product Selection
Table will be replaced by the customer price sheet which accompanies this agreement.
b. True up orders for enterprise products.
The price for the enterprise products covered by any true up orders submitted during the initial term is set
forth in the customer price sheet which accompanies this agreement. That price is based on the price
level identified in Section 6 above. We will invoice your reseller in total upon ouracceptanceof each true
up order. The Enterprise Product True Up Price Table will be replaced by the customer price sheet which
accompanies this agreement.
c. Qualifying systems licenses.
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) v6.1 Enterprise Order Form Page 7 of 11
Enterprise Order Form
All desktop operating system licenses provided under this program are upgrade Licenses. Therefore, if
you select the Enterprise Desktop Professional Platform or the Windows Desktop Operating System
Upgrade & Software Assurance, all qualified desktops on which you will run the Windows Desktop
Operating System Upgrade must be licensed to run one of the qualifying operating systems identified in
the Product List at htto://www.microsoft.com/licensing. Note that the list of operating systems that qualify
for the Windows Desktop Operating System Upgrade varies with the circumstances of your order. That
list is more extensive at the time of your initial order than it is for some subsequent true ups and system
refreshes during the term of your enrollment.
7. Additional Product Orders.
The license prices stated below are for your reference only. Your prices and payment terms for all
products ordered will be determined by agreement between you and your reseller.
a. Initial order for additional products.
The price for each additional product covered by your initial order is listed in the customer price sheet
which accompanies this agreement. We will invoice your reseller in equal annual installments. The first
installment will be invoiced upon our acceptance of this enrollment, the remaining installments will be
invoiced at the anniversaries of the enrollment effective date. The Additional Product Selection Table will
be replaced by the customer price sheet which accompanies this agreement.
b. Subsequent additional product orders.
The price for any new additional products not initially included in your enrollment will be the then current
price for your price level for that product as of the date of your order. We will invoice your reseller in total
upon our acceptance of your order. Once you have placed the first order for copies of a new additional
product, you may run additional copies of that product at any time and order them as described in
subsection 8(c) (True up orders for additional products).
c. True up orders for additional products.
The price for additional products initially included in your enrollment and covered by any true up order
submitted during the initial term are set forth in the customer price sheet which accompanies this
agreement. The true up price for any new additional products will be the then current true up price for
your price level for that product as of the date of your first order for that product. We will invoice you in
total upon our acceptance of your true up order.
8. Renewal orders,
For any 36 -month renewal, your renewal order will be invoiced to your reseller in three annual
installments. The first installment will be invoiced upon our acceptance of the renewal order; the
remaining installments will be invoiced at the next two anniversaries of the effective date of that renewal
term. For any 12 -month renewal and for any true up orders, we will invoice your reseller in total upon our
acceptance of your order.
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) v6.1 Enterprise Order Form Page 8 of 11
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Appendix
Media Shipping Information Form - Starter CD Kit
At your option, Starter CD kits and CD-ROM subscriptions relating to your Enterprise Enrollment (identified above)
will be shipped to the address set out below. Terms used but not defined in this form have the meanings given to
them in your enrollment.
CD Kit Ship To Information (*indicates required information)
Customer Name `
Contact Name
Street Address "
Contact Email Address
City and State / Province
Contact Phone Number'
Country and Postal Code
Contact Fax Number
If you choose below to receive media, then upon our acceptance of your enrollment, we will send you your starter CD
kit in the language(s) you select. This starter CD kit will be provided at no additional charge, in order to permit you to
exercise the license rights granted under your enrollment and the related Enterprise Agreement. You may also
subscribe to updates in the form of CDs, or upon reasonable notice, electronic download or similar other means. If
you need additional CD kits and updates, you may order these through your reseller for a fee. For a complete list of
the contents of any kit, visit the web site at htto://selectug.mslicense.com.
®I want to receive a starter CD kit (media) and oI want to subscribe to receive kit updates and have
have enrolled at least 250 qualified desktops enrolled at least 250 qualified desktops
®I do not want to receive a starter CD Kit ® 1 do not want to subscribe to receive kit updates
(media)
The charges for any purchased media may be subject to sales taxes based upon where media delivery occurs. If you
are exempt from sales taxes in the media delivery location, please provide the applicable sales tax exemption
documentation with your enrollment.
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) Media Order Form v6.1 Appendix Page 10 of 11
Appendix
Media Shipping Information Form — Starter CD Kit (Continued)
Language
Enterprise Kit
Mapping Kit*
English
❑
Eng lish/Multi Language—
❑
Arabic
❑
Brazilian Portuguese
❑
Chinese Simplified ***,
❑
Chinese Traditional
❑
Chinese Traditional Hong Kong/Pan-Chinese
❑
Czech
❑
Danish
❑
Dutch
❑
Finnish
❑
French
❑
0
German
❑
❑
Greek
p
Hebrew
❑
Hungarian
❑
Italian
❑
Japanese
❑
Korean
❑
Norwegian
❑
Polish
❑
Portuguese
❑
Russian
❑
Spanish
❑ 0
Swedish
❑
Thai
❑
Turkish
❑
* Mapping Kit is not available for use in or shipment to, India, Hong Kong SAR, Macau SAR, China, Morocco,
Pakistan, and Turkey
** Before installing any of the Multilanguage Packs, the English version of the product must first be installed. If you
order English/Multilanguage, you must also order English
*** Chinese Simplified Enterprise Kit does not include Windows Professional. Contact your reseller for separate
fulfillment of Windows Professional media in Chinese Simplified.
= Not Available
Custom Microsoft EA Enrollment
OPEN ENROLLMENT PERIOD (indirect) Media Order Form v6.1 Appendix Page 11 of 11
Mcrosoft° I Volume Licensing
Enterprise Enrollment = State and Local
Amendment
Enrollment number
Microsoft to complete
Amendment ID
This amendment is entered into between the customer and Microsoft affiliate signing, as of the effective
date identified below. All terms used but riot defined will have the same meanings as in the Microsoft
Enterprise Enrollment identified above ("the enrollment'). The following terms and conditions amend the
terms and conditions of the enrollment, but only with respect to the customer identified below and only
for purposes of this enrollment.
The section entitled "Establishing your price level," is hereby amended and restated in its entirety with
the following:
Establishing your price level.
The price level indicated in this section will be your price level for the initial enrollment term for all
enterprise products you order and for any additional products in the same pool(s). Your price level for any
other additional products will be level "A".
Qualified desktops: You represent that the total number of qualified desktops
Qualified Qualified
in your enterprise is, or will be increased to, this number during the initial term of
175
this enrollment (This number may be less than 250 desktops).
Qualified users: You represent that the total number of qualified users in your
D
enterprise is, or will be increased to, this number during the initial term of this
enrollment (This number maybe less than 250 users).
1. A new Section is hereby added as follows:
Number of Qualified Desktops. The requirement that this enrollment include at least 250
qualified desktops is hereby waived.
Microsoft Enterprise Enrollment (v6.4 only) Sub 250 Enterprise Enrollment White
(North America)(English) December 1, 2005 W16 Page 1 of 1
Qualified Qualified
Price level (for pools in which you
desktop user
order an enterprise product):
D
Price level (for pools in which you
do not order an enterprise product)
.' Prfcefv�l
Number of Qualified Desktops. The requirement that this enrollment include at least 250
qualified desktops is hereby waived.
Microsoft Enterprise Enrollment (v6.4 only) Sub 250 Enterprise Enrollment White
(North America)(English) December 1, 2005 W16 Page 1 of 1
4 . 1' .
Except for changes made by this amendment, all terms of the enrollment remain unchanged. By signing
below, the parties agree to be bound by the terms of this amendment.
Customer
Contracting Microsoft Affiliate
Name of Entity
City of Ukiah
Microsoft Licensing, GP
Signat e
Prin ed Name
Printe
Candace Horsley
jqdene Will
Printed Title *
Printed Title
Contract Administrator
City Manager
Signature Date *
Signature Date 8
04/25/06
(date Microsoft affiliate counte i n )
'indicates required field
Effective Date `
(may be different than our signature date)
Please send 2 executed originals to: Microsoft Licensing, GP —6100 Neil Road, Suite 210 - Reno,
Nevada USA 89511-1137 - Dept. 551, Volume Licensing. When the amendment is fully signed, you will
receive a confirming copy.
Prepared By: Scott Mangum (LS)
Microsoft Enterprise Enrollment (v6.4 only) Sub 250 Enterprise Enrollment White
(North America)(English) December 1, 2005 W16 Page 2 of 2
