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Res 2015-124/approving the annual renewal of the Microsoft Enterprise Agreement with SHI Government Solutions for software licenses in accordance with the State of Texas Department of Information Resources Contract
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Res 2015-124/approving the annual renewal of the Microsoft Enterprise Agreement with SHI Government Solutions for software licenses in accordance with the State of Texas Department of Information Resources Contract
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1/6/2016 2:10:58 PM
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City Clerk
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Resolutions
City Clerk - Type
Approving
Number
2015-124
Date
9/15/2015
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accompanies a Product, The Use Rights for Software are published by Microsoft in the Product <br />Use Rights, The Use Rights for Online Services are published in the Online SenAces Terms, <br />'Volume Licensing Site' means or a successor site. <br />2. The following sentence is added to the end of Section r <br />�0 <br />6(d) of the Enrollment ('Termination f <br />cause'): I <br />In addition, it shall be a breach of this Enrollment if Enrolled Affiliate or any Affiliate in the <br />Enterprise fails to meet and maintain the conditions of membership in the definition of Community. <br />3. The following new Section 7 is hereby added to the Enrollment: <br />M <br />a. Community requirements, J Enrolled Affiflate purchases Government Community <br />Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and <br />agrees to use Government Community Cloud Services solely in its capacitv as a member <br />of the Community and, for eligible Government Community Cloud Services', for the benefit <br />of end users that are members of the Community, Use of Government Community Cloud <br />Services by an entity that is not a member of the Community or to provide services to <br />non-Community members is strictly prohibited and could result in term;nafion of Enrolled <br />Affiliate's license(s) for Govemment Community Cloud Services without notice. Enrolled <br />Affiliate acknowledges that only Community members may use Government Community <br />Cloud Services. <br />Ii. All terms and conditions applicable to non-Government Community Cloud Services also <br />apply to their corresponding Government Community Cloud Services, except as <br />otherwise noted in the Use Rights and this Amendment, <br />c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and <br />corresponding non-Government Community Cloud Services in the same domain. <br />d, Use Rights for Govorriment Community Cloud Services. For Government Community <br />Cloud Services, notwithstanding anything to the contrary in the Use Rights. <br />(I) Government Community Cloud Services will be offered only within the United States. <br />(I!) Additional European Terms, as set forth in the Use Rights, will not apply, <br />(iii) References to geographic areas in the Use Rights with respect to the location of <br />Customer Data at rest, as set forth in the Use Rights, refer only to the United States. <br />e. Notwithstanding the Data Processing Terms section of 'the Online Services Terms, Azure <br />Government Services are not subject to the same control standards and frameworks as <br />thie Microsoft Azure Core Services. The klicrosoft Azure Trust Center describes the <br />control standards and frameworks with which Azure Government Services camply., <br />Fxcept for changes made by this Amendment, the Enrollment Identified above remains unchanged <br />and in full force and effect. If there is a conflict between any provision in this Amendment and any <br />provision in the Enrollment identified above, this Amendment shall control. <br />Enterprise Enrollment (Indirect) <br />I Invoice for Quoted Price <br />Amendment ID M97 <br />Notwithstanding anything to the contrary or in addition to any terms in the Enrollment, the Enrollment <br />is hereby amended to add the following paragraph: <br />The price quoted to Enrolled Affiliate's Reseller is a fixed once based on an estimated order <br />submission date. tVlicrosoft will invoice Enrolled Affiliate's Reseifer based on this fixed , price quole, it <br />this order is submitted later 'than the estimated order submission date, Enrolled Affiliate s Resefler <will <br />be charged for net new Online Services subscriptions for the period during which these services were <br />Amendrne&App v2A CSD M306-IM97 <br />Page' 2 d 3 <br />
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