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Res 2013-196/Approving an agreement w/Tyler Technologies, Inc. for a Financial and Human Resources software and application system
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Res 2013-196/Approving an agreement w/Tyler Technologies, Inc. for a Financial and Human Resources software and application system
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1/22/2015 4:11:48 PM
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12/20/2013 3:10:36 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2013-196
Date
12/17/2013
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(d) Prohibited Use. Except as expressly authorized under this Agreement, Licensee is prohibited <br />from: (i) using the Software on behalf of third parties; (ii) renting, leasing, lending or granting other <br />rights in the Software including rights on a membership or subscription basis; and (iii) providing use of <br />the Software in a computer service business, third party outsourcing facility or service, service bureau <br />arrangement, network, or time sharing basis. <br />(e) Export Rules. Licensee agrees that the Software will not be shipped, transferred or exported <br />into any country or used in any manner prohibited by the United States Export Administration Act or <br />any other export laws, restrictions or regulations (collectively the "Export Laws "). In addition, if the <br />Software is identified as an export controlled item under the Export Laws, Licensee represents and <br />warrants that Licensee is not a citizen of, or located within, an embargoed or otherwise restricted <br />nation (including Iran, Iraq, Syria, Sudan, Libya, Cuba and North Korea) and that Licensee is not <br />otherwise prohibited under the Export Laws from receiving the Software. All rights to install and use <br />the Software are granted on condition that such rights are forfeited if Licensee fails to comply with the <br />terms of this Agreement. <br />3. License Metrics and Limitations. <br />3.1 Adobe Central Output Server. If Licensee has licensed Adobe Central Output Server as <br />Production Software or Development Software (as separately provided in writing by Adobe), then <br />Adobe grants Licensee a license to install and use Adobe Central Output Server on a Per - Server basis, <br />provided that Licensee is not permitted to Deliver output from the Production Software to more than <br />ten (10) Locations per licensed Server. <br />3.2 Adobe Central Pro Output Server. If Licensee has licensed Adobe Central Pro Output Server, <br />then Adobe grants Licensee a license to install and use Adobe Central Pro Output Server either (a) as <br />Production Software on a Per - Server or Per -User basis (as separately provided in writing by Adobe), or <br />(b) as Development Software on a Per - Server basis. When Adobe Central Pro Output Server is <br />licensed as Production Software on a Per - Server basis, Licensee is not permitted to Deliver output <br />from the Software Product to more than ten (10) Locations per licensed Server. <br />3.3 Adobe Output Pak for mySAP.com. If Licensee has licensed Adobe Output Pak for <br />mySAP.com, then Adobe grants Licensee a license to install and use Adobe Output Pak for <br />mySAP.com solely in connection with Adobe Central Pro Output Server for use with SAP software <br />either (a) as Production Software on a Per - Server or Per -User basis (as separately provided in writing <br />by Adobe), or (b) as Development Software on a Per - Server basis. Licensee's license to Adobe Output <br />Pak for mySAP.com includes a license to install and use Adobe Central Pro Output Server subject to <br />the terms of Section 3.2 of this Agreement. The following additional terms apply: <br />3.3.1 Per - Server License. If Licensee has licensed Adobe Output Pak for mySAP.com on a <br />Per - Server basis, Licensee shall have the right to install and use Adobe Central Pro Output Server on <br />one (1) Server unless Licensee obtains additional Per - Server licenses to the Adobe Central Pro Output <br />Server. <br />Tyler Financial And Human Resources Software Application Systems Agreement 2013 <br />
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