HomeMy WebLinkAboutCAG2000-0414 - Original - Department of Information Services (DIS) - Novell MLA Software - 02/02/2000 TO: Mayor Jim White
FROM: Joseph Lorenz; Network Mana
CC: Marty Mulholland; Director of Information Services
Brent McFall; Director of Operations
Re: Novell Netware Client Licensing
Date: January 4, 2000
While preparing to deploy Novell's most recent network operating system(NOS)we
identified a shortfall in the number of licenses held by the City. We have been operating
in the shortfall situation since approximately June of 1998. The Washington Department
of Information Services (DIS) is currently administrating Novell's public sector MLA's
and we are working with them to bring our licensing current.
We do not have the ability to obtain competitive quotes for this license and must
purchase this product through Washington State.
Please know that we now have safeguards in place to prevent the City from being out of
compliance in the future. In 1999 we purchased a software package called NetCensus
that was specifically designed to monitor licensing levels of all software products.
To bring our Novell Licensing current we need to pay past maintenance for June 1998 —
June 1999 on 500 nodes, increase our node licensing by 225, and pay maintenance on
725 nodes for June 1999—June 2000. We will pay for our 2000—2001 licensing in June
2000. We are forecasting the June 2000 cost to be approximately$15,800. The increase
is directly tied to a new, two-year price protection agreement between Novell and their
MLA customers.
Licensing Maintenance
June 1998—June 1999 No Additional Necessary 500 Nodes $7,219
June 1998 —June 1999 No Additional Necessary NWC 8 Lines $173
June 1999—June 2000 Add 225 Nodes $13,556
June 1999—June 2000 725 Nodes $10,608
June 1999—June 2000 NWC 8 Lines $173
Total $31,729
Funding for the license is included in the 1999—2000 Technology Plan.
+ Membership Agreement for Novell MLA Software
This Membership Agreement is entered into by and betwee Department of Information Services ("DIS"),
an agency of Washington State government, and City of Kent ("Customer"), a
Washington State agency or political subdivision.
Pursuant to the Information Services Board Policy of 1995,Acquisition and Disposal of Information Technology
Resources, DIS has entered into a Master License Agreement("IVILA"),with Novell,Inc. ("Novell") in order to
make Novell's MLA Software Products ("Software") available to Customers of DIS Technology Brokering
Services.
Customer enters into this Membership Agreement with DIS in order to purchase such Software licenses. This
Membership Agreement sets forth the terms and conditions under which Customer shall be licensed to use such
Software. As a result of executing th:.;Agreement with DIS, Customer assumes some responsibilities directly to
Novell,Inc.,who shall be a third party beneficiary of this Agreement.
1. Effective Date. The effective date of this Agreement shall be the date of its execution by both of the parties,
or May 15, 1998,whichever is later.
2. _ _MM.The initial term of this Membership Agreement will begin on the effective date and will remain in
effect through June 30, 1999.Subsequent terms will be for two(2)year periods. The term will be automatically
renewed unless at least sixty(60)days prior to the end of a term either party gives written notice to the other to
terminate the Membership Agreement The term of this Membership Agreement will automatically terminate
upon expiration or termination of the MLA.
3. MLA .This Membership Agreement is a binding agreement that incorporates the terms and conditions of the
MLA, a copy of which is provided herewith. By entering into this Agreement with DIS, Customer assumes some
responsfbiIities directly to Novell,Inc.,who shall be a third party beneficiary of this Membership Agreement
4. License Terms and Conditions. This Agreement includes Exhibit A - License Terms, attached hereto and
incorporated herein by this reference,which describes the licenses granted to Customer through the MLA.
5. Prices. Customer shall pay to DIS in a timely fashion the non-refmrdabk fees for all Software and services
ordered pursuant to this Membership Agreement at the prices set forth in the DIS Novell MLA Software
Products Price List 11
6. Mode-based Licensins. Customer understands that node-based licensing is available to Customer only while
purchasing Software and maintenance through the MLA. At expiration or termination of this Membership
Agreement, Customer must transition from the MLA.Program back to Novell's regular sales channels and
Novell's standard server-based licenses.See MLA Section 95.1.
7. Agency and Location Coordinators. All copying for any Customer must be performed solely by the person
designated in writing to DIS as the Agency Coordinator or by one or more Location Coordinators designated in
writing by the Agency Coordinator. Included in the written notice to DIS shall be the name, business address,
Internet address,telephone number and fax number of the Agency Coordinator and each Location Coordinator.
S. Compliance Responsibility. Customer is responsible for understanding and complying with the restrictions
described herein. Customer will use reasonable efforts to make its employees, agents, contractors, representatives
or other individuals using the Software under this Agreement aware that the Software products are proprietary
products of Novell, have been licensed by Novell to Customer, may only be used subject to the terms and
conditions contained in this Agreement and may not be copied,transferred or otherwise used in violation of such
terms and conditions. Unauthorized copying will expose the individual and Customer to civil and in some cases
criminal penalties.Individuals found violating this Agreement will also be subject to Agency disciplinary action.
9. Audits. Customer shall keep accurate records relating to Customer's reproduction and distribution of the
Software. Customer shall conduct an annual self-audit in June of each year to confirm the total copies of
Software being used by Customer and the total number of workstations,computers or other devices connected to
a network which uses Novell's Software and shall certify in writing to DIS the resuits on the form attached
hereto as Exibit B. Customer shall forward payment for any copies not previously accounted for to DIS along
with the self-audit report by June 30*of each year.If Customer is late submitting the self-audit report, Customer
'may. lase the right to place further orders or receive technical support or other MEA services from Novell.
During the term of this Agreement and for a period of two (2)years after payment for Software copies is made;
Customer will maintain complete records showing (i) amounts due and paid, (ii) copying and use of the
Software, and(iii)the total number of workstations, computers and other devices connected to a network which
uses Novell Software.Customer is subject to formal audit by Novell pursuant to MLA Section 3.2.
I0. Save Harmless. Customer shall indemnify and save DIS harmless from and against(i) any financial or other
loss to DIS caused by the Customer's actions or omissions; (hi) any assessment against the Customer as a result
of a material discrepancy in Customer's use of Software identified in an audit; (iii) any violation of copyright
law or other restrictions set forth herein.In the event DIS is required to act in defense of Customer's actions or
otherwise incurs costs as a result of Customer's actions or omissions with respect to the MLA or Novell's
Software, Customer shall reimburse DIS in full therefor. "Customer" includes all its members, officers, agents,
contractors representatives or employees.
11. Expiration or Terminadon When Customer is no longer purchasing Software and Maintenance ftom DIS
through the MLA program for whatever reason,Customer shall return or certify to Novell that it has destroyed
all Master Software within thirty(30)days.
12. Year 2000• Novell has warranted that Intranet Ware and GronpWise 52 Software are Year 2000
Compatible.Novell maintains a Year 2000 site at httpJ/www.novell.comlp2000/producLhtml with information
about the Year 2000 compatibility of Novell products. Customer is solely responsible for making informed and
appropriate purchasing decisions.See Section 3 of the Addendum to the MLA,.
The undersigned certifies that he/she has read,understands and agrees to the provisions of this Agreement and
that he/she is has the authority to bind Customer to a legal contract.
Approved Approved
State of Washington, Customer
Department of Information Services
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jjl6White
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Approved as to Form
State of Washington,
office of theAdorney Gen
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Membenbip Agreement for Novell Mm.A Software-7