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HomeMy WebLinkAboutContract 39614CITY SECRETARY 4,%k v le CONTRACT k1r) 3N V � �I -- ,, Confidential — Execution Document Retirement Offer: September 22, 2009 Retired License Rights Form This Farm modi#ies the Master License Agreement, ("MLA"), all versions, contras# #717t)532, between CITY OF FORT WORTH TX ("Customer") and Novell, Inc. ("Novell"). This Form is effective on the date it is fully executed by authorized representatives of both parties. Definitions: Terms with the initial letter capitalized will have the same meaning as defined in the MLA, unless otherwise defined in this Form. Amendmen#s. The Mt_A is modified as follows: A. Retired License Rights. Customer has informed Novell that it no longer uses the products specified in the table below for has reduced its usage by the number of licenses specified) and subsequently does not wish to continue paying Maintenance Fees on such retired licenses. Customer hereby acknowledges and certifies that from the Date of Retirement specified in the table below, the Software licenses detailed below have become inactive and Customer relinquishes all prior rights granted for said licenses. NetWare 5.1, Node) __ PlateSpin Protect Server Workload Perpetual of Quantity of Licenses ' Dake of Still Awned rement t09/22/09 B. Maintenance for Retired Licenses. From the Date of Retirement of the above licenses as specified above, Customer will no longer be obligated to pay Maintenance Fees associated with the above licenses. Subsequently, any Maintenance services and benefits are withdrawn on Software where license rights have been retired through this Form. Any prepaid Discounted Maintenance Fees will not be refunded or credited on retired license rights, nor does this Form relieve Customer from responsibility for any Maintenance or license fees owing prior to this Form. The level of Technical Services granted through Maintenance will not diminish for the duration of the current Annual Period, C. Future Growth. In the event Customer experiences future growth in its user count and/or the need and legal obligation to increase the number of licenses owned, it must purchase new licenses at the price indicated on fhe then -current price list. D. Continuance. Except as expressly amended by this Form, the MLA terms remain in effect unchanged. If any inconsistency appears between the MLA and this Form, the Form provisions shall control. E Retirement Offer. The Retired License Form must be signed and faxed back to Novell within 15 days of the retirement offer. If Novell does not receive the signed Retired License Form within 1ti days, the retirement offer is withdrawn. S[GNATURES Signature: uy Name: �tt�1 111toh5Yi Title: l.tcer'aGC'. Date: t~Ivtt>?xnt�{- 2'33 2po�q 1 1 .` `� ren Le , i ��i -0 9 7r �' ' upon execution of this Form, please send it by fax and then mall the originai(s) to Novell at: +lsiServicl2s, Vf-f1�1yy8©(�7 Soryuth Noccve�! Place, Mailsf�op PRV-C-212, Provo UT 84SA6 Fax #: 80'!-&81-�! VVG� Aq '1 n Attesta �yc CITY Ci�y ®p q /� �L� ,E�/1 , ALITVc 1 Y^ \ �. �-- (1Vi1etlre FT WORTH, T V�_� 1Via>t't He ix City AQSIST NT G;iTY ATTORNEY