HomeMy WebLinkAboutContract 50896 DacuSign Envelope ID:85477DA5 OAE9-4F31-BE79-4378F4781A1E CITY SECRETARYCONTRACT NO. T
ACCEPTANCE FORM
CITY C;rOH �'PR AUTHORIZED RESELLER END USER LICENSE AGREEMENT(between SAP and Indirect End User)
CITYSECRETW6
J ("Acceptance Form")
between
r
SAP AMERICA,INC.,a Delaware corporation,with offices at 3999 West Chester Pike,Newtown Square,PA,19064 ("SAP")
and
CITY OF FORT WORTH
("End User")
Authorized Reseller: S H I ("Authorized Reseller")
Distributor: SynneX ("Distributor")
Whereas, End User has purchased or will purchase Qualified Software from the Authorized Reseller who has purchased or will purchase
Qualified Software from the Distributor who in turn has purchased or will purchase Qualified Software from SAP, SAP AG or any of its
affiliates.
Whereas,in some of the Qualified Software products a click-wrap license is included that sets out license terms with regard to such Qualified
Software(the"Product License")that will not apply between SAP and the End User but cannot be removed for technical reasons.
Now therefore,taking into account all good and valuable consideration,End User agrees to the following:
"Effective Date"means the date that a Qualified Software product is delivered.
"Qualified Software"means any SAP software product that the Authorized Reseller purchased from the Distributor and distributes to the End
User.
(1) All components which Clause (2) refers to, will constitute a license agreement between SAP and End User and will collectively be
referred to as"Agreement". By signing this Acceptance Form, End User confirms that it has reviewed and agrees with the documents
referred to in Clause(2),and that it accepts to be bound by the terms and conditions these documents describe/specify.
(2) The End User agrees to license any Qualified Software from SAP on the terms and conditions specified in(i)this Acceptance Form; (ii)
the Authorized Reseller End User License Agreement(between SAP and the Indirect End User); and (iii)the applicable Software Use
Rights Schedule. SAP's website carries the most up to date version of both components: Authorized Reseller End User License
Agreement (between SAP and the Indirect End User) and Software Use Rights Schedule). End User can find a copy of them at:
http://www.sap.com/corporate-en/our-company/agreements/i ndex.epx.
(3) In the event of any inconsistency in the order of this Agreement's components, please apply the following order of precedence: (i)this
Acceptance Form; (ii) the Software Use Rights Schedule; (iii) the End User License Agreement (between SAP and the Indirect End
User). The Software Use Rights Schedule only applies for the sections relating to the relevant Qualified Software products purchased
by the End User(as described therein).
(4) If End User has an affiliate or subsidiary with a separate software license or support agreement regarding a Qualified Software product
with either SAP AG,any SAP AG affiliate(including SAP)or any other distributor of SAP software/support services,the End User must
not use the Qualified Software to run the business operations of such affiliates or subsidiaries. Please see the Section on Affiliate Use
in the Authorized Reseller End User License Agreement(between SAP and the Indirect End User)for further clarification.
(5) If any Qualified Software product is an upgrade to a Qualified Software product which End User has previously licensed, End User
agrees that on the Effective Date, not only the upgraded Qualified Software product but also the already licensed Qualified Software
product will then become subject to the current Agreement.Nothing in this clause(5)will(i)affect or transfer any liability incurred before
the Effective Date;or(ii)affect the previous payment of fees.
(6) If this Acceptance Form does not define or explain the meaning of a defined term,the End User will find its definition in the Authorized
Reseller End User License Agreement(between SAP and the Indirect End User).
(7) This Acceptance Form does not cover maintenance, support or any other services relating to the Qualified Software ("Services").
Services are covered by separate agreement between End User and SAP.
(8) Qualified Software License Fees:All parties mentioned in this Acceptance Form agree that(i)End User has purchased or will purchase
the Qualified Software from the Authorized Reseller and will pay all Qualified Software license fees, taxes and other fees to the
Authorized Reseller;and(ii)the Authorized Reseller is free to set the price for this transaction.
(9) The End User herewith authorizes the Authorized Reseller to provide the Distributor or required by the
Distributor in order to complete the order with SAP regarding any Qualified Soft vare product. Furthermore, C istomer authorizes
Distributor to also provide SAP with a signed version of this Acceptance Form. OFFICIAL RECORD
Authorized Reseller Acceptance Form for EULA(between SAP and Indirect End User) CITY SECRETARY Page 1 of 2
enUS v 10.16.13
FT.WORTH,TX
DocuSign Envelope ID:85477DA5-OAE9-4F31-BE79-4378F4781 Al E
(10)
(11) End User herewith agrees that the Product License that the End User needed or will need to accept in order to use a Qualified Software
product will not apply.This Agreement will prevail.
THE UNDERSIGNED CONFIRMS THAT HE OR SHE IS DULY AUTHORISED TO SIGN THIS AGREEMENT.
END USE
By:
Name: S A Alanis
Title: Assistant City MMCJ*r
Date:
OFFICIAL RECORD
CITY SECRETARY
FT,WORTH,TX
Authorized Reseller Acceptance Form for EULA(between SAP and Indirect End User) Page 2 of 2
en US v 10.16.13
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of this
contract, including ensuring all performance and
By:
reporting requirements.
Nairne: _Susan Alanis
Title: A sistant City Manager
�� By
Date: Name: _Steve S eiffert
APPROVAL RECOMMENDED:
Title: Assistant Director,IT Solutions
APPROVED AS TO FORM AND LEGALITY:
By:
Name:
By: _ '4 q��
Title: ;� e: _ ohn . Strong_
T tle:
ATTEST: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: _N/A
Date Approved: N/A
By:
N e: _ J. ys Form 1295 Certification No.: N/A
Title: City Secretary �O R I
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