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IT18-100 - Original - The PPI Group - Bluebeam Electronic Plan Review System Solution for ECD - 03/21/2018
4 ..O�,v - i//i ,RIZ� k.Ajrd + Mani/ 0" ` em KENO +C)CLIIIt i/ t CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office Vendor Name: Portland Precision Instrument (PPI) Vendor Number: 33439 JD Edwards Number Contract Number: I '10 This is assigned by City Clerk's office Project Name: Electronic Plan Review System Solution for ECD Department Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective date: 03106/18 Termination Cate: 03/05/19 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Somen Palit Department: Information Technology Contract Amount: $34,612 _ Approval Authority: ❑ Department director Z Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 CITY OF KENT INFORMATION TECHNOLOGY 220 4�h Avenue South Kent, WA 98032 Fax: 253-856-4700 KEN T PHONE: 253-856-4600 Ar"a 1CM W To: Suzette Cooke, Mayor From: Mike Carrington, IT Director CC: Ben Wolter, ECD Director Linh Kang, PMBA Date: December 20, 2017 Re: Request for waiver of competitive bid requirement for purchases under Kent City Code 3.70.110(A). For purchase and execution of related contracts for the Electronic Plan Review system for the ECD department The City's ECD department is requesting you waive the competitive bid requirement under the waiver authority provided for in KCC 3.70.110(A) for the purchase of the Bluebeam software, maintenance support, training, and necessary hardware for its Electronic Plan Review system. Under KCC 3.70,080, purchases over $65,000 require competitive bids unless waived by the Mayor upon a finding that either: (1) the purchase is clearly and legitimately limited to a single source of supply within the near vicinity, (2) the purchase is subject to special market conditions, or involves special faciiities or services, or (3) the bidding requirements would otherwise not be practicable or in the city's best interests under the circumstances, in which instances the purchase may be best established by direct negotiation, The City's ECD department, in collaboration with the IT department, surveyed local jurisdictions to determine best practices for implementing an electronic plan review system. Through this effort, we learned that over 20 local jurisdictions are using the Bluebeam software as their plan review and markup tool. This includes 15 jurisdictions that currently participate in the eCityGov and MyBuildingP,ermit alliance, which provides a forum for regional collaboration on building code and permitting. We also found that this product meets 73, or 97%, of ECD's 75 business requirements and is the most cost effective option given its available capabilities. We believe Bluebeam is the best software for ECD's Electronic Plan Review system based on several factors including ability to meet business user requirements, quality and reliability of the software, ease of use, and price. If you approve of this waiver under KCC 3.70.110(A), the Economic&Community Development department requests that you indicate your approval by signing below. The resulting contract will be taken through the committee and council approval process as required by KCC 3.70.240(A). CITY OF�KEN5 uze�t�t Cook , May r att: —D EPR—Solution Matrix BlueBeam Revu Foxit Phantom Adobe Acrobat Pro Extreme Business Operating Systems Supported Windows* Windows,Mac Winclowsonly flmiied version far Mac License $359 5449 $1S9 M. ,I 11=11 Create PDFs v/ Review and annotate PDFs ✓ V ✓ Fill and save PDF forms Interactive form field designer Secure PDFs Digitally sign PDFs ✓ V ✓ Combine and rearrange documents Add watermarks,headers&footers OCR(text recognition) Edit PDF content Redact permanently Compare PDFs Optimize PDFs ✓ Batch process multiple PDFs ✓ Precision measuring tools ✓ V ✓ Annotation tool chest V Loupe,pan&zoom,rulers&grids Create Adobe compliant PDFs Create PDF from blank page V Create PDFs from images I/ Create PDFs from MS Word docs V Create PDFs from text documents V Scan to PDF V Optical Character Recognition Combine multiple files into PDF ✓ Convert PDFs to images Extract text from PDF Set document properties&initial view ME I=11'�MMATLEII 3,11 0=1102=1111111HMM� Loupe,pan&zoom,snapshot Easy navigation with thumbnails,bookmarks,etc. Display rulers&grids Alignment tools v/ Touch mode Output preview ✓ Text search including annotations and form fields ✓ V Annotation tool chest(recent and saved annotations) Spell check for annotations and form fields Side by side PDF comparison Overlay PDF comparison ✓ Customizable toolbars ✓ Commenting tools:sticky notes,graphical annotations,audio comments,pencil tool, typewriter tool Text markups:highlights,underline,text replace,text insert,and strikethrough V, Dynamic rubber stamps ✓ v, v/ Insert hyperlinks V Precision measuring tools(distance,perimeter,area)with separate x&y values Flatten annotations Customizable default annotation properties/settings Import/export annotations Import/export custom stamps during computer transfer Edit multiple annotations properties at once View and search annotations,in Comments Pane ,Save favorite annotations in My Comments toolchest Page 1 of 2 EPR—Solution Matrix BlueBeam Revu Foxit Phantom Adobe Acrobat Pro Extreme Business rl,=11 AMUIMM Insert,delete,rotate,organize pages Correct text in original PDF content lfont,style,size,color) V Modify images in original PDF content(move,resize,dOete,copy,paste,edit properties) Embed file attachments Add/edit bookmarks Reduce/optimize PDFs Add headers,footers,watermarks ✓ V, ✓ Add bates numbering Batch process multiple documents Permanently redact sensitive data Add/edit layers V V Crop pages(crop box,bleed box,trim box,art box) Create fdIable interactive PDF forms Fill and save PDF forms ✓ Import/export form data V Flatten fields Edit multiple field properties at once Merge/assemble PDF forms Secure PDF with permissions&passwords Digitally sign PDF documents Certify PDF documents Support for 128&256 AES bit encryption Manage digital IDs and trusted certificates 69 63 Bonney Lake Mercer island Covington Gig Harbor Tacoma(previously used BlueBeam) All 15, MyBuildingPermits jurisdictions Sound Transit-needs BlueBeam starting 2019 Fire Prevention projects with Covington-12/20 training for full rollout of electronic plan review MBIP Jurisdictions Bellevue Bothell Burien Issaquah Kenmore Kirkland Mill Creek Newcastle Renton Sammamish Snoqualmie Woodinville Snohomish County King County Page 2 of 2 Y W.C :0 C6 " 4iY,G7 I '4 AVy'„ YJ p � C CL @1 CL D �uu On Ln yr rta u M u.. 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(�6 C-5 lyi C\L cc� C14 LO C14 Nt 0 (Y) CY) X 0 p o CD 4 4 6 4 C� 0) N (o C: CD CD CD CD C) (D x C> C) CD c 0 CD 0 1 1 CD 0 0 0 LO LO 0 I 0) �T n E rI�r"i r-Ir- 0, 10 clt 6� n Ln cli OQO > C) m a) Ul) < co C) It 0) w CD co C: -C m 2 co z 0 CD CD 0 U) C c) Fn - U) E c4 r-- m cr- m co ca ccyo) o 0 Ali F- 0 0 4) 0 U-) o o 0 0 0 > a- C) a- 0 4c Q 0 0 CL 4- 0 U)0 C)U) ,n eaC D L)u U) C) 3: 0 0 0— 0) M m o �: a C)� N 0 (D 0 LO 0 0 1 S� .2) U) (b CL § m 0 cu (D M 00 En 0 a LM M -0 CCy r- 00 CY) W a) CD C) z C: 0 cc CL w ::5 0 > - c U) cL 11 0', LNr) C 0 0 w CL 2 'E E > > 4w 0 'It a) o 0 M M iz cc U) Q) U <c Lu cL > ow as0 CO -0 E E W (D U) -0 -0 E E 0 ,N N c_ax m (Z <D > a) a) 0 w cr > > , D 1 a) a) CL Of Of co Fn a- 0 C) rvl E (D 0 a) 0 co 4- CL o 0 a) C) 0 F- 0 a') U q (D (D 0 < to �(D CL 0 lqzr co _j < • KENT GOODS & SERVICES AGREEMENT between the City of Kent and The PPI Group THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The PPI Group organized under the laws of the State of Oregon, located and doing business at Address: 6015 NE 801h Ave Ste 400 Portland, OR 97218; Phone: 800-247-1927; Primary Contact: Charles Smith (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. City: Vendor shall provide the following goods and materials and perform the following services for the 1) Vendor shall provide the Bluebeam goods and materials in the quantities and at the prices detailed in Quote #25635 dated February 2, 2018, attached as Exhibit A and incorporated herein. 2) Vendor shall provide training services as described and at the prices detailed in the custom training quote dated February 2, 2018, attached as Exhibit B and incorporated herein. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Vendor shall deliver the Bluebeam goods and materials within 3 business days, and will provide training services as soon as reasonably possible. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed thirty-four thousand six hundred twelve dollars ($34,612), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: 1) Amount detailed in Quote #25635 dated February 2, 2018, attached as Exhibit A and incorporated herein upon delivery of goods and materials. 2) Amount detailed in custom training quote dated February 2, 2018 for 2 - Days of Bluebeam Training, attached as Exhibit B and incorporated herein upon completion of training course. 3) Amount detailed in custom training quote dated February 2, 2018 for optional 1 - Day of Customized Bluebeam Refresher Training, attached as Exhibit B and incorporated herein upon completion of training course. A. Defective or Unauthorized Work, The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these GOODS &SERVICES AGREEMENT- 1 (Over$20,000, including WSST) additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. VII. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. A. Vendor warrants that the software will perform in accordance with its expected functions and capabilities, provided that the software is properly used In accordance with Vendor's instructions. B. Vendor represents and warrants that all software provided to City does not and will not infringe any patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy or similar rights of any third party, nor has any claim (whether or not embodied in an action, past or present) of such infringement been GOODS & SERVICES AGREEMENT- 2 (Over$20,000, including WSST) threatened or asserted, nor is such a claim pending against Vendor (or, insofar as Vendor is aware, any entity from which Vendor has obtained such rights). C. Vendor represents and warrants that it owns or has the right to sell, license, or otherwise grant the rights in the software conveyed to City herein, and that neither the software nor any of its components (including any third party products), infringes any patent, copyrights, or other intellectual property right of, or misappropriates the trade secrets of, any person or entity. D. Vendor represents and warrants that it has the resources, personnel, expertise and corporate infrastructure available to deliver the software, training, and technical support as required by this Agreement. E. Vendor represents and warrants that unless otherwise specified, all goods and materials delivered shall be delivered new and not as a "used, substituted, rebuilt, refurbished or reinstalled." F. These representations and warranties are in addition to any other warranties afforded by law. VIII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made Pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. GOODS & SERVICES AGREEMENT- 3 (Over$20,000, including WSST) XI. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its ontractors and consultants to use recycled and recyclable products whenever Y Y P practicable. Apace reference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to Insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and Construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section IX of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, t,ke terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City alnd Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this �Ilgreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or In the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may GbODS &SERVICES AGREEMENT- 4 (�ver$20,000, including WSST) be subject to pubflc review and disclosure, even if those records are not produced to or possessed by the City of Kent, As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Reg fired. Prior to commencing the tasks described in Section 1, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5,01 of the Kent City Code. K, Counterparts and Siqrliitures by Fax or Email, This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement, Further, upon executing this Agreement, either party may deliver the signature page to the other by Fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person, IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified anid affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: By: ....... BY. a (signature) Print Name: Tigue Have PriPntName:_ Dana Hal 1-_ Its President Its Ma or DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Charles R. Smith The PPI Group Topton Solutions Store [Insert Marne of City Rep. to Receive Notice] 18040 72nd Ave. S City of Kent Kent, VVA 98032 220 Fourth Avenue South Kent, WA 98032 Telephone-, (425) 251 9722 FAX: 425 251 5482 (253) [Insert Phone Number] (telephone) (253) [Insert Fax Number-] (facsimile) APPROVED AS TO FOR M Ker Law APPROVED rt m e n 0"thI5 rVOd,you"my gwe,Crw Oo"V'owc V&.-paflh Mmm me ma,"I GOODS &SERVICES AGREEMENT - 5 (Over$20,000, including WSS 7) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. During the time of this Agreement the prime contractor will provide a written statement to all new employees 'and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree toIfulfill the five requirements referenced above. By: For: 1117 Title: 1 Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: I. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. Actively consider for promotion and advancement available minorities and women. ,any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of The PPI Group, Topcon Solutions Store Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Goods& Services Agreement that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: ,1�� Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 DATE(MMIDDIYYYY) A�o® CERTIFICATE OF LIABILITY INSURANCE 2/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Crystal&Company PHONE FAX Crystal IBC LLC c o E •800-221-5830 A/C No):800 383-1852 32 Old Slip ADDRESS: New York, NY 10005 INSURERS AFFORDING COVERAGE NAIC# ___ -INSURER A:Federal Insurance Company 20281 INSURED TOPCAM INSURERB:Chubb Insurance Company of New Jersey 41386 Portland, Precision Instruments&Repair Co. -� 6015 NE 80th Ave,Suite 400 INSURERC: Portland OR 97218 INSURERD: INSURER E: INSURER F: i COVERAGES CERTIFICATE NUMBER:1844701429 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE I POLICY NUMBER MMIDD MMIDD A X COMMERCIAL GENERAL LIABILITY Y 35246131 4/112017 411/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE FK OCCUR PREMISES Ea occurrence i$1,000.000 MED EXP(Any one person) $10,000 I PERSONAL&ADV INJURY 1$1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - GENERAL AGGREGATE I$2,000,000 POLICY C JECOT- -- I LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: $ A AUTOMOBILE LIABILITY 73527234 1 4f112017 411/2018 COMBINED SINGLE LIMIT $ - Eaaoddent 1000000 X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident 1$ B X UMBRELLALIAB X OCCUR 79138306 41112017 411f2018 EACH OCCURRENCE $2.000.000 EXCESS LIAB CLAIMS-MADE - AGGREGATE $2,000,000 DED RETENTION$ $ WORKERS COMPENSATION 'PER OTH- AND EMPLOYERS'LIABILITY YIN !STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE II E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED? N1A1 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.Additional Remarks Schedule,may be attached if more space is required) The City of Kent is included as an additional insured where required by written contract. Coverage afforded additional insureds is on a primary and non-contributory basis as required by written contract. Evidence of Insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE d 0 � �M ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD EXHIBIT A Date Quote# 2/2/2018 25635 MMMIPPI' 2/28/2018, J 1�I (J F xPires. To.- City of Kent From. Charles Smith Linh Kang CharlieS@),thcppigroup.com 220 4thAve S 18040 72nd Ave S Kent,WA98032 Kent,WA 98032 Phone: Phone: 800-558-5368 Fax: Fax: (425)251-5482 The PPI GrOLIP is not only an AutodeskA,,Gold Partner,but a leader in the Architectural, Engineering,Construction industry. We strive to provide the best quality CAD solutions,training,professional services and SLIPPOI-t to ensure Our custonicr's maximum productivity,competitive business advantage,and return on investment. Description Unit Price city Price Revu eXtreme Perpetual Scats(50-99 users), $329.00 60 S19,740.00 Perpetual License, Windows OS Revu eXtreme Annual Maintenance(50-99 S79.00 60 $4,740.00 users), Perpetual, Windows OS Bluebeam Rcvu Enterprise Licensing Annual $5.00 60 $300.00 Subscription, Perpetual, Windows OS Bluebeam Studio Prime Level I (LIP to 100 $2,340.00 1 $2,340.00 users), Subscription,Cloud PPI Discount (S4,600M) I (S4,600.00) WA State Sales'Fax: I 01)/;a $2,25100 1 $2,252.00 Total $24,772.00 Revu eXtrenic Perpetual Licenses Revu eXtrerne Annual Maintenance RCVU Enterprise Licensing Studio Prime Level I Please contact your ACCOUnt Manager for more inforniation on the following: Low Rate Financing packages available for eligible products, C� OR/SW Washingloti K 800.247.1927 1 NW Washingtow 800.558.5368 I www.thePP1groap,com Charles Smith Bluebeam Sales Representative OR/SW Washington 1 800.247.1927 1 NW Washington:800.558.53681 wwwAlicP111group.com Mij rr r „nr li/ p "IN, 21 w 0 ri1,1 riir � bi�� PPI a ill y�ri1 r . C TOM TRAINING PROPOSAL Prepared for: City of Kent Prepared on February 2, 2018. by: Joseph Whitney David Campbell Business Development Application Specialist Services Department BIM & Document Management JoeyW 2thePPIGro up.corn DavidC thePPIGroup.com 800-247-1927 800-247-1927 PORTLAND:503,2.31,1576 or 800.247.1927 a SEATTLE:425.251.9722 or 800.558.5368 1 www.thePPIgroup.com e,, AUTODESK. AUTO DESK, ,<4ddth;bN'Czed T'rvavoig corr'rdrr PuaAmarce¢a-,R'wj""w Wa q dd 2;mvw w Proposal Expires� 3/31/2O18 �������� ������ ° ~~~m�~~ ^ SCOPE BasedomomrpreviuusdiucuysionsvvhhCkyofKentam6ourofficeassesument we deliver to you the following recommended detailed solutions for professional services. Professional Services: [] Customized Bluebeanm7naiming: $6,595.00 Z - Days ofB1uebeam Training. AU services will be performed mnsheatcustomer's Kent, WA location utilizing PP| Group computers and software, PP| Group will provide all training materials and certificates of completion for up 15 (fifteen) attendees, See appendix A for Suggested Topics [@pt iQDgI] [] Customized BlmebeuomTraining: $3,345.08 1 - Day of B|ueheam Refresher Training. AN services will be performed onsite at customer's Kent, WA location utilizing PPI Group computers and software. PP| Group will provide all training materials and certificates of completion for upI5 (fifteen) attendees. See appendix B for Suggested Topics PORTU\ND: S08.23l.l57GorV0U.247.1927 � 3EATTLE:425.251.g722*/80O.55&.53681 www/.thePPlQroupzom 2 Proposal Expires: 3/31/2818 � �������J����� � ���� ������ ����� �� Pro��0�� ��� � eUda: � e Day 1: Revubadcs � Introduction to Reum � Overview of the Interface, Navigation, & Profiles o Command Bar,Toolbars, and Menus o Side Panels and Tab Access o Profiles and Profile Management o Opening PDf in Revu o PDF Navigation inRevu � Markup Tools o Overview of Markup,Tools u How to Access Markup Tools o Types of Markup Tools o Customizing the Properties mf Markup Tools • Stamps • Tool Chest o What is the Tool Chest? o Recent Too8s Tool Set o Properties Mode vs Drawing Mode * My Tools Tool Set o Tool Sets • Markups List • What lsthe Markups List? o Organizing Columns • Sorting Data in the Markups List • Filtering Data o Statuses o Custom [o|urona o Importing Comments o Exporting Markup Data • Introduction toStudio w Studio Sessions ° Studio Projects w Q/A Review and Custom Workflow Exploration PORTu\ND:5032]1,1S76nr8O8247.19Z7 1SEATTLE:425251.9722or800.558.5368 | www.thePP|groupzom 3 Proposal Expires: 3/31/2018 Day 2 Document Management • Introduction to Document Management • Organizing Documents o Automark, Page Labels, Bookmarks o Extract Pages • Creating a Navigable Drawing Set o Markup Hyperlinks o Creating Hyperlinks • Managing Changes&Revisions o Compare Docs o Comparing Changes to Page Regions o Overlay Pages • Replace Pages/Slip Sheeting • Easy Navigation and Distribution o Working with Sets o Customizing Sets o Tags o Adding Files to an Existing Set o Publishing Sets o Sharing Sets • Course Review Q/A and Custom Workflow Exploration PORTLAND:503.231,1576 or 800.247.1927 1 SEATTLE:425.251.9722 or 800.558.5368 www.thePPigroup.com 4 BLUEBEAM STUDIO PRIME LICENSE AGREEMENT These Terms of Service("TOS") represent abinding Agreement by City of Kent (referred to herein as"You"and "Your"and"Licensee")concerning the Bluebeam Studio Prime software service("Software"or"Software Service") licensed from Bluebeam,Inc.("BLUEBEAM"). ALL INTELLECTUAL PROPERTY IN THIS SOFTWARE IS OWNED BY BLUEBEAM. THE SOFTWARE IS LICENSED,NOT SOLD. BLUEBEAM PERMITS YOU TO USE OR OTHERWISE BENEFIT FROM THE INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THESE TOS.THE SOFTWARE MAY INCLUDE SERVICE AUTHORIZATION OR REGISTRATION TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE.THIS TECHNOLOGY MAY AUTOMATICALLY CONNECT TO THE INTERNET OR PROMPT YOU TO CONTACT BLUEBEAM AND MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. 1.Acceptance.Your use of the Bluebeam Studio Prime Service as described below is subject to these Terms of Service,the Bluebeam Studio Terms of Use Agreement,the Bluebeam End User License Agreement("EULA") for Bluebeam Revu®and the Bluebeam Online Privacy Policy("the Documentation").The Documentation shall also include,without limitation,any printed materials or electronic data provided by or obtained from Bluebeam with regard to Studio Prime. You can find the most recent EULA and Privacy Policy respectively at http://biuebeam.com/studio/termsofuse/, http://www.bluebeam.com/Revu/EULA and http://www.bluebeam.com/us/company/privacy- policy.asp.Studio is run and operated by Bluebeam,and by choosing to accept these Terms of Service, You agree to be bound by a) the Documentation and b) the laws of the Unites States of America. 2. Software License. Subject to the payment of all applicable license fees,and the termsand conditions of these TOS,Bluebeam hereby grants to You a limited,non-sublicensable,non-exclusive, non-transferable right to use the Software Services in the manner and for the purposes described in the Documentation. 3. User Level. You may not have more Users than the Allowed Number of Users within Your selected User Level.The User Level and the Allowed Number of Users is indicated on the accompanying Invoice issued by Bluebeam or is communicated through Your reseller. 4. Annual Subscription Fee and Renewal. The annual subscription fee for Studio Prime licensing is based on the selected User Level.The pricing for each Renewal year will be determined by BLUEBEAM'S pricing on the Renewal Date as posted on BLUEBEAM's website("Current Pricing"). For customers residing in the United States and Canada, MSRP is listed on BLUEBEAM'S website(www.bluebeam.com)in US dollars. For all other customers, BLUEBEAM'S international websites contain Global Pricing and are subject to the currency exchange rates. Unless otherwise agreed to in writing and signed by BLUEBEAM, the terms of this Agreement will apply to all future Renewals. The subscription will be renewed at the same User Level unless a request to change User Levels is made at least five days prior to the Renewal Date. BLUEBEAM agrees to provide a reminder to You at least thirty(30)days in advance of the Renewal Date. On the Renewal Date,an invoice will be issued if purchased directly through BLUEBEAM oryour credit card will be charged. For any orders placed through a third party, it will be YOUR responsibility to renew the annual subscription prior to the expiration date.Fees for the annual subscription are non- transferable. Refunds are only given within 30 days of the initial subscription.You must notify BLUEBEAM within 30 days of the Start Date to receive a refund.After the initial 30 days have passed,all fees are nonrefundable.There are no refunds for renewals. 5. Change of User Level. At any time during the current paid for period,You may request a change for the current or upcoming year to an appropriate User Level.if you want to change your User Level,the prorated fee paid for the remainder of the subscription period will be applied to your current subscription. If no changes are made prior to Your Renewal Date,and you do not cancel,you will be renewed at the same User Level at the Current Pricing. No refunds will be given,even if you decrease your User Level and the prorated fee for the remainder of the year is greater than the new subscription. Any attempt to change to a User Level supporting less than the Current Total Users will not be accepted. 6. Payment Terms.On the Start Date and subsequent Renewal Dates,You agree to pay,up-front the Annual Subscription Fee for one year.If the Annual Subscription Fee is not paid within thirty days of the Start Date or Renewal Date,BLUEBEAM has the right to revoke access to Software Services and terminate the license,preventing further access under this license.To regain access,You will have to purchase a new User Level based on your Current Total Users at the Current Pricing with a Renewal Date twelve(12) months from the new start date. Bluebeam may increase the Annual Subscription Fee,which increase will be no more than 10%than the previous year. 7. BLUEBEAM reserves the right to periodically conduct audits upon a thirty(30)day advance written notice to verify compliance with the terms of these TOS. 8. BLUEBEAM Customer Contact. If You have any questions concerning these TOS,or if You would like to contact BLUEBEAM for any other reason,please call (626) 788-4100,orwrite: Bluebeam, Inc., 55 South Lake Ave., Suite 900, Pasadena,California 91101 USA,Attention: Account Services. You may also reach us athttp://www.bluebeam.com/us/contact. Please provide the information (Name,phone number and valid Studio ID) for the Studio account to which the Studio Prime license will be assigned.The assigned Studio account can be changed at a later date,without any effect on these TOS,but a Studio Prime license cannot be issued without being assigned to a Studio account. For directions on how to create a Studio ID go to http://www.bluebeam.com/createstudioaccount. Name: Binh Kang Phone number: 253-856-4618 Studio ID (email used to access Studio): Ikang@KentWA.gov Initial Subscription Start Date: 2018-03-21 Renewal Date: 2019-03-21 To renew the annual subscription for my Level I agree to send payment to my reseller on or by the Start Date and subsequent Renewal Dates. By signing below, I agree,on behalf of the Licensee,to be bound by the Documentation and the laws of the United States of America. LICENSEE: City of Kent Signature: ' Name(Printed): Dana Ralph Title: Mayor Date: 2018-03-21 Proposal Expires: 3/31/2018 APPENDIX B Proposed Agenda�: • Profiles • Markup Tools • Types of Markup Tools • Customizing the Properties of Markup Tools • Stamps • Tool Chest • My Tools Tool Set. • Tool Sets • Markups List • Organizing Columns • Sorting Data in the Markups List • Filtering Data • Custom Columns • Importing Comments • Exporting Markup Data • Studio Sessions • Studio Projects • Organizing Documents • Autom,ark, Page Labels, Bookmarks • Extract Pages • Navigable Drawing Set o Markup Hyperlinks • Managing Changes& Revisions • Compare Docs • Overlay Pages • Replace Pages/Slip Sheeting • Navigation and Distribution • Sets • Tags • Publishing Sets • Sharing Sets • Course Review Q/A. PORTLAND:503,231.1576 or 800.247,1927 SEATTLE:425.251.9722 or 800.558.5368 www.thePPIgroup.com 5 EXHIBIT C INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. ;r EXHIBIT C (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. BLUEBEAM STUDIO PRIME LICENSE AGREEMENT These Terms of Service ("TOS") represent abinding Agreement by City of Kent (referred to herein as"You"and"Your'and"Licensee") concerning the Bluebeam Studio Prime software service("Software"or"Software Service") licensed from Bluebeam, Inc.("BLUEBEAM"). ALL INTELLECTUAL PROPERTY IN THIS SOFTWARE 1S OWNED BY BLUEBEAM. THE SOFTWARE IS LICENSED,NOT SOLD.BLUEBEAM PERMITS YOU TO USE OR OTHERWISE BENEFIT FROM THE INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THESE TOS.THE SOFTWARE MAY INCLUDE SERVICE AUTHORIZATION OR REGISTRATION TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE.THIS TECHNOLOGY MAY AUTOMATICALLY CONNECT TO THE INTERNET OR PROMPT YOU TO CONTACT BLUEBEAM AND MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. 1.Acceptance.Your use of the Bluebeam Studio Prime Service as described below is subject to these Terms of Service,the Bluebeam Studio Terms of Use Agreement,the Bluebeam End User License Agreement("EULA") for Bluebeam Revu®and the Bluebeam Online Privacy Policy("the Documentation").The Documentation shall also include,without limitation,any printed materials or electronic data provided by or obtained from Bluebeam with regard to Studio Prime. You can find the most recent EULA and Privacy Policy respectively at http://bluebeam.com/studio/termsofuse/, http://www.bluebeam.com/Revu/EULA and http://www.bluebeam.com/us/company/privacy- policy.asp.Studio is run and operated by Bluebeam,and by choosing to accept these Terms of Service, You agree to be bound by a) the Documentation and b) the laws of the Unites States of America. 2. Software License. Subject to the payment of all applicable license fees,and the termsand conditions of these TOS,Bluebeam hereby grants to You a limited,non-sublicensable,non-exclusive,non-transferable right to use the Software Services in the manner and for the purposes described in the Documentation. 3. User Level. You may not have more Users than the Allowed Number of Users within Your selected User Level.The User Level and the Allowed Number of Users is indicated on the accompanying Invoice issued by Bluebeam or is communicated through Your reseller. 4. Annual Subscription Fee and Renewal. The annual subscription fee for Studio Prime licensing is based on the selected User Level.The pricing for each Renewal year will be determined by BLUEBEAM'S pricing on the Renewal Date as posted on BLUEBEAM's website("Current Pricing"). For customers residing in the United States and Canada, MSRP is listed on BLUEBEAM'S website(www.bluebeam.com) in US dollars. For all other customers,BLUEBEAM'S international websites contain Global Pricing and are subject to the currency exchange rates.Unless otherwise agreed to in writing and signed by BLUEBEAM, the terms of this Agreement will apply to all future Renewals. The subscription will be renewed at the same User Level unless a request to change User Levels is made at least five days prior to the Renewal Date. BLUEBEAM agrees to provide a reminder to You at least thirty(30) days in advance of the Renewal Date. On the Renewal Date,an invoice will be issued if purchased directly through BLUEBEAM or your credit card will be charged. For any orders placed through a third party,it will be YOUR responsibility to renew the annual subscription prior to the expiration date. Fees for the annual subscription are non- transferable. Refunds are only given within 30 days of the initial subscription.You must notify BLUEBEAM within 30 days of the Start Date to receive a refund.After the initial 30 days have passed,all fees are nonrefundable.There are no refunds for renewals. S. Change of User Level. At any time during the current paid for period,You may request a change for the current or upcoming year to an appropriate User Level. If you want to change your User Level,the prorated fee paid for the remainder of the subscription period will be applied to your current subscription. If no changes are made prior to Your Renewal Date,and you do not cancel,you will be renewed at the same User Level at the Current Pricing.No refunds will be given,even if you decrease your User Level and the prorated fee for the remainder of the year is greater than the new subscription. Any attempt to change to a User Level supporting less than the Current Total Users will not be accepted. 6. Payment Terms. On the Start Date and subsequent Renewal Dates,You agree to pay, up-front the Annual Subscription Fee for one year. If the Annual Subscription Fee is not paid within thirty days of the Start Date or Renewal Date, BLUEBEAM has the right to revoke access to Software Services and terminate the license,preventing further access under this license.To regain access,You will have to purchase a new User Level based on your Current Total Users at the Cut-rent Pricing with a Renewal Date twelve (12) months from the new start date. Bluebeam may increase the Annual Subscription Fee,which increase will be no more than 10% than the previous year. 7. BLUEBEAM reserves the right to periodically conduct audits upon a thirty(30) day advance written notice to verify compliance with the terms of these TOS. 8. BLUEBEAM Customer Contact. If You have any questions concerning these TOS, or if You would like to contact BLUEBEAM for any other reason, please call (626) 788-4100, orwrite: Bluebeam, Inc., 55 South Lake Ave., Suite 900, Pasadena, California 91101 USA, Attention: Account Services. You may also reach Lis atlittp://www.bluebeai-n.com/Lis/contact. Please provide the information (Name,phone number and valid Studio ID) for the Studio account to which the Studio Prime license will be assigned.The assigned Studio account can be changed at a later date,without any effect on these TOS,but a Studio Prime license cannot be issued without being assigned to a Studio account. For directions on how to create a Studio ID go to http:�//www.biLiebeam.com/createstudioaccount. Name: Dana Ralph Phone number: Studio ID (email used to access Studio): Initial Subscription Start Date: Renewal Date: To renew the annual subscription for my Level I agree to send payment to my reseller on or by the Start Date and subsequent Renewal Dates. By signing below, I agree,on behalf of the Licensee,to be bound by the Documentation and the laws of the United States of America. LICENSEE: City of Kent Signature: I J Name (Printed): Dana Ralph Title: Mayor Date: 3.Z�� BLUEBEAM END USER LICENSE AGREEMENT Bluebeam® Revu® Version 2017 Q 2002-2017 Bluebeam, Inc. All Rights Reserved. Protected by U.S. Patents 7,600,193; 7,600,198; 7,907,794; 7,971,149; 8,244,036; 8,443,280; 8,509,535; 8,737,746; 8,990,681. Protected by European Patent 1958056. Protected by Australian Patents 2006316845; 2006316858; 2008209631; 2008209632. Other Patents Pending in the U.S. and/or other countries. Copyright law and international treaties protect this computer software program. Unauthorized reproduction or distribution of this software program, or any portion of it, will be prosecuted to the maximum extent possible under law and may result in civil and criminal penalties. Portions Copyright 2014 Trimble Navigation Limited Portions Copyright 2013 Legion of the Bouncy Castle Inc. (ABN 84 166 338 567) Portions Copyright 2009 ABBYY USA Software House Portions Copyright 2008 LAsz16 Nemeth Portions Copyright 2007-2011, Stephan Tolksdorf. All rights reserved. FParsec incorporates data derived from the Unicode Character Database v. 6.1.0, Copyright 1991-2012 Unicode, Inc., which is distributed under the following terms: http://www.unicode.org/terms—of—use.htmI#Exhibitl Portions Copyright 2006 Damien Miller <djm@mindrot.org> (jBCrypt) Portions Copyright 2010-2012 SharpDX-Alexandre Mutel Portions Copyright 2010 Ryan D. Emerle (jBCrypt .NET port) Portions Copyright 2005 LuraTech Imaging GmbH Portions of this product Copyright 2001-2014 Solid Documents Portions Copyright 2001-2012 FileOpen Systems Portions Copyright 2001/2013 Artifex Software Inc Portions Copyright 1998 Soft Horizons Portions Copyright 1989, 1991 Free Software Foundation, Inc Portions Copyright 2003-2015 Aspose Pty Ltd Portions licensed under the Mozilla Public License Version 2.0, available at www.mozilia.org/MPL This software is based in part on the work of the Independent JPEG Group. Licensed under Patent No. 5,490,216 Bluebeam®,the "b" logo ®, Revu®, Vu®, Q®, eXtreme®, the "r" logo ®,the "v" logo ®, bFX®, No Limits®, Batch Link®, Punchkey®,Tool Chest""', VisualSearchT`", MultiVieWTM,the "Studio" logoTM, Dynamic DefaultT"', Dynamic LayerSTM, WebTabT'", Stapler TI, File AccessTI, SmartGroupT`" and StudioGo"I are Trademarks or registered Trademarks of Bluebeam, Inc. ABBYY and FlexiCapture are registered trademarks of ABBYY. Office®, Outlook®, Windows® and SharePoint® are registered trademarks of Microsoft Corporation. ProjectWise® is a registered trademark of Bentley Systems, Incorporated. AutoCAD®, Revit® and Navisworks® are registered trademarks of Autodesk, Inc. SolidWorks® is a registered trademark of Dassault Systemes SolidWorks Corp. All other trademarks or registered trademarks are the property of their respective owners. IMPORTANT—READ CAREFULLY:THIS END-USER LICENSE AGREEMENT("EULA") IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" AND "YOUR" INCLUDES A PERSON AND/OR AN INDIVIDUAL ENTITY)AND BLUEBEAM, INC., ITS SUBSIDIARIES,AFFILIATES AND LICENSEES (COLLECTIVELY"BLUEBEAM") CONCERNING BLUEBEAM REVU (HEREINAFTER REFERRED TO AS "SOFTWARE PRODUCT" OR "SOFTWARE). BY ACCESSING, INSTALLING, COPYING OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. ALL INTELLECTUAL PROPERTY IN THIS SOFTWARE IS OWNED BY BLUEBEAM OR ITS SUPPLIERS. THE SOFTWARE IS LICENSED, NOT SOLD. BLUEBEAM PERMITS YOU TO USE OR OTHERWISE BENEFIT FROM THE INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS EULA. THE SOFTWARE MAY INCLUDE PRODUCT AUTHORIZATION OR REGISTRATION TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET OR TO PROMPT YOU TO CONTACT BLUEBEAM AND MAY PREVENT USES OF THE SOFTWARE THAT ARE NOT PERMITTED. VISIT HTTP://WWW.BLUEBEAM.COM/SUPPORT FOR INFORMATION ABOUT INSTALLATION AND REGISTRATION. 1. Software License. Subject to the payment of all applicable license fees and acceptance of the terms and conditions of this EULA, Bluebeam hereby grants to You a limited, non-sub licensable, non-exclusive, non-transferable right to use the Software in the manner and for the purposes described in the Documentation.The Documentation shall include, but not be limited to, any printed materials or electronic data provided by or obtained from Bluebeam with regard to this Software. 1.1 Allowed Number. The Software may not be used individually or jointly in full or in part on more than the Allowed Number of Client Devices, unless otherwise set forth herein. Allowed Number means one (1) unless otherwise indicated under a valid license such as a volume license granted by Bluebeam. Use of software, hardware or services that bypass any Software license restrictions and/or reduce the number of Client Devices, individual users and/or seats, as may be applicable, accessing or utilizing the Software (e.g., "multiplexing," "pooling," "virtualization" or third party add on software or hardware) expressly does not reduce the number of licenses required (i.e.,the required number of licenses would equal the number of distinct inputs to the multiplexing or pooling software or hardware "front end"). If the number of Client Devices, users and/or seats that can potentially connect to the Software exceeds or has the potential to exceed the number of licenses You have obtained,then You must have a reasonable self-enforcing automatic mechanism in place to ensure that Your use of the Software does not exceed the Allowed Number specified for the license You have obtained. 1.2 Single User License. A Single User License allows You to install and use one copy of the Software on up to the Allowed Number of computers for which the Software was designed ("Client Devices"). 1.3 Server License. If the Software is licensed with multi-user or server license terms, You may install the Allowed Number of copies of the Software on file servers within your internal network only for use of the Software initiated by an individual from a computer within the same internal network. The total number of computers that may connect, directly or indirectly, to the file server may not exceed the Allowed Number. A Server License for a multi-user environment does not permit You to install or use the Software: (i) from or to a computer not part of your internal network, (ii) for enabling web hosted services open to the public, (iii) where an individual or entity may use, download, access or otherwise benefit from the Software unless licensed to do so by Bluebeam, (iv) as a part of a system or service accessible by more than the Allowed Number of users, or (v) for operations not initiated by an individual user (e.g., automated server processing) unless specifically permitted to do so in writing by Bluebeam. 1.4 Concurrent User License("Open License"). An Open License allows You to install and use the Software on up to the Recommended Number of computers for which the Software was designed ("Devices"), for the number of seats indicated on the license. Recommended Number means five (5) Devices for each Licensed User. For example, an Open License for 5 Seats allows five individuals to use the Software simultaneously on any of twenty-five (25) computers (Devices). 1.5 Enterprise License. If You purchase an Enterprise License, a Multi-User License for multiple workstations,then this paragraph 1.5 (including subparts a through g) also applies to You. a. Allowed Number. You may register and use one copy of the Software on up to the Allowed Number of workstations as indicated in the Enterprise License issued by BLUEBEAM. b. Overage Allowance:There is a 5%overage allowance above the Allowed Number to accommodate for the lag time between reimaged, crashed, or otherwise decommissioned workstations being unregistered and new workstations being registered. If You exceed the 5% overage allowance, any new workstations will not be able to register Revu. c. Revocation: If You exceed the Allowed Number (plus the 5% overage), Bluebeam reserves the right to revoke the registration for the excess seats. d. Releasing Process:The Enterprise license server will monitor all authorized workstations daily and release any workstations that have been inactive for 15 days. e. Bluebeam Gateway: You will be granted access to the Bluebeam Gateway to manage your workstations. Access to and usage of such information is subject to the Site's Terms of Use. f. Annual Fee: The annual fee for the Enterprise License must be paid upfront and upon renewal. If the fee is not paid timely, Bluebeam reserves the right to revoke Your Enterprise License. The Enterprise License requires Annual Maintenance to be purchased. Annual subscription fees are non-transferable and can only be refundable within 30 days of payment, beyond which all fees are non-refundable. 1.6 Restrictions on Use. Even though copies of the Software may be provided on media of different formats, copies of the Software on different media formats do not constitute multiple licenses to the Software. If the Software is licensed as a suite or bundle with more than one specified Software product,this license applies to all such specified Software products, subject to any restrictions or usage terms specified on the applicable product packaging that applies to any of such Software products individually. 1.7 Backup Copy. This license authorizes You to make a reasonable number of copies of the Software provided your backup copies are used solely for archival purposes, and the copies You make contain all of the proprietary notices set forth in or on the original version of the Software. 2. Seat Pricing. All new or incremental purchases of Bluebeam products, software and solutions are sold as priced at the time of purchase, not at prices previously paid or advertised.. 3. Updates. Bluebeam may, at its sole discretion, make bug fixes, updates and/or service packs available. 4. Annual Maintenance. If You purchase Annual Maintenance, then the terms in this paragraph apply to You in addition to the other terms of this EULA. If you have active Annual Maintenance when Bluebeam releases a new major version of Revu, Bluebeam will notify You and the license keys may be upgraded free of charge. You will also receive premium phone and email support from Bluebeam's experienced technical services staff during the term of Your active Annual Maintenance. 4.1 Annual Fee. Annual Maintenance has an Annual Fee which is non-transferable and can only be refunded within 30 days of payment, beyond which all fees are non-refundable. For renewals,the Annual Fee must be paid by the Renewal Date (one year anniversary of purchase) or Bluebeam shall have the right to cancel Your Annual Maintenance. All new seat purchases for Annual Maintenance will be priced at BLUEBEAM'S MSRP at the time of purchase, not the original price paid. 5. Upgrades. If upgrading from a previous version, You must possess a valid license for a prior version in order to upgrade to the now current version. Any obligation Bluebeam may have to support the previous version(s) may end with the availability of the upgrade or update. 5.1 Single User and Server License Upgrades. Single User or Server Licenses that have been upgraded from an earlier version will be issued equal to the Allowed Number of Client Devices of the prior License. Once upgraded,the prior license will no longer be valid and use of the prior license is no longer permitted. 5.2 Concurrent User License ("Open License") Upgrades. Open Licenses that have been upgraded from an earlier Software version will be issued equal to the number of Users of the then prior Open License. The Software may be used on the Recommended Number of Devices, across software versions,for the number of individual Users specified on the current License. 6. Ownership Rijzhts. All right, title and interest in and to all copyrights, patents,trade secret rights,trademarks and other intellectual property rights in and to the Software and Documentation, are owned by Bluebeam and/or its suppliers. The Software and Documentation are protected by patent, copyright and/or other intellectual property laws of the United States and other countries, and by international treaty provisions. Except as expressly set forth herein, Your possession, use or installation of the Software does not grant to you any intellectual property rights in the Software and all rights,title, and interest not expressly granted are reserved by Bluebeam and its suppliers. You agree that all backup, archival, or any other type of copies of the Software and Documentation will contain the same proprietary notices that appear on and in the Software and Documentation. Bluebeam's suppliers, if any, of the Software or Documentation or any portions thereof are intended third party beneficiaries of this EULA and are entitled to enforce the terms of this EULA in their own names directly against You. 6.1 Submissions. Should You decide to submit any materials ("Submissions")to Bluebeam via electronic mail,through or to Bluebeam website(s), or otherwise (whether as feedback, data, questions, comments, ideas, concepts,techniques, suggestions or the like) that are specifically related to the functionality of the Software or services provided by Bluebeam related to the Software,You agree that such Submissions are unrestricted and shall be deemed non- confidential upon submission. You grant to Bluebeam and its assigns a non-exclusive, royalty- free,worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, commercialize, display and perform such Submissions. Submissions do not include any of Your content that You may create or use that happens to utilize the Software. 7. Restrictions. 7.1 No Transfer. You may not rent, lease, sublicense, loan, commercialize or resell the Software. You may not permit any parent, affiliate, subsidiary or any other third parties to benefit from the use or functionality of the Software, under any of the following circumstances, unless You own more than fifty percent (50%) of that entity. As such, You may not a) permit another entity to benefit from the Software via a facility management,timesharing, service bureau or any other arrangement; b) provide access to the Software Product with the intention to process the data of another entity; or c) use the Software on hardware that is not under Your exclusive control. You may not transfer any or all of the rights granted to You under this EULA. 7.2 No Reverse Engineering. You may not reverse engineer, decompile, or disassemble the Software, or otherwise attempt to derive source code from the Software,or create derivative works based upon,the Software in whole or in part, except to the extent the foregoing restriction is expressly prohibited by applicable law. 7.3 No Duplication. You may not duplicate or copy any portion of the Software or Documentation, unless otherwise set forth herein. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by Bluebeam. 8. Right to Audit. Bluebeam reserves the right to periodically conduct audits of Software installation records upon a thirty (30) day advance written notice to verify compliance with the terms of this EULA. Audits will be conducted during business hours and will occur no more than once in any 12 month period. 9. LIMITED WARRANTY. Bluebeam warrants that the Software will perform substantially in accordance with the Documentation for ninety (90) days from the date of the original purchase when used on the recommended operating system and hardware configuration. Non- substantial variation of performance from the Documentation does not establish a warranty right. In addition, Bluebeam warrants that the media on which the Software is contained will be free from defects in materials and workmanship. All warranty claims must be made, along with proof of purchase, to Bluebeam Customer Service at (support@bluebeam.com) within the ninety (90) day warranty period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Bluebeam and its affiliates and your exclusive remedy will be limited to either, at your option, replacement of the Software or a refund of the license fee paid for the Software. 9.1 Authorized Resellers. Any authorized Bluebeam reseller, installer or consultant is not affiliated with Bluebeam in any capacity other than as a distributor, installer or consultant of Bluebeam's products and has no authority to bind Bluebeam or modify any license or warranty. Bluebeam makes no representations, warranty, endorsement or guarantee with respect to the skills or qualifications of any authorized Bluebeam reseller, installer or consultant and You are encouraged to independently investigate the skills and qualifications of any authorized Bluebeam reseller, installer or consultant with whom You associate. 10. DISCLAIMER. To the maximum extent permitted by applicable law, and except for the Limited Warranty set forth herein,THE SOFTWARE (AND ACCOMPANYING DOCUMENTATION) IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, USAGE, INDUSTRY CUSTOM, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, CONDITIONS OF MERCHANTABILITY,TITLE,QUIET ENJOYMENT,QUIET POSSESSION, SECURITY, QUALITY OR WORKMANSHIP, FITNESS FOR A PARTICULAR PURPOSE, OR A LACK OF VIRUSES.SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 11. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Bluebeam and its directors, officers, employees, affiliates, sublicensees, resellers, agents and suppliers from and against all claims, defense costs (including reasonable expert and attorneys' fees),judgments and other expenses arising out of or on account of any negligent act, omission, or willful misconduct by You or on Your behalf in the performance of this EULA. 12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL BLUEBEAM OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION,WORK STOPPAGE, FOR PERSONAL INJURY, LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE PRODUCTS, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF FAULT, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY BLUEBEAM, ITS RESELLERS OR ITS SUPPLIERS, AND EVEN IF BLUEBEAM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BLUEBEAM, ITS RESELLERS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. 13. United States Government. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. 14. Export Controls. During the term of this license, neither the Software nor the Documentation and underlying information or technology may be downloaded, exported, or re- exported (i) into (or to a national or resident of) Cuba, Iran, North Korea (Democratic People's Republic of Korea), Sudan, Syria, or any other country to which the United States has embargoed goods or (ii)to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. By accessing, downloading or using the Software You are agreeing to the foregoing and You are certifying that You are not located in, under the control of, or a national or resident of any such country or on any such list. YOU SHOULD ALSO BE AWARE OF THE FOLLOWING. EXPORT OF THE SOFTWARE MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, WHICH RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED UNDER SUCH RULES AND REGULATIONS,THEN THE SOFTWARE SHALL NOT BE EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY, (A)WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED STATES OR OTHER GOVERNMENTAL APPROVALS REQUIRED BY ANY APPLICABLE LAWS, OR (B) IN VIOLATION OF ANY APPLICABLE PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF ANY PART OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE USE OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR EXPORT OF ENCRYPTION EVEN IF FOR ONLY TEMPORARY PERSONAL OR BUSINESS USE. YOU ACKNOWLEDGE IT IS YOUR RESPONSIBILITY TO COMPLY WITH ANY AND ALL GOVERNMENT IMPORT, EXPORT AND OTHER APPLICABLE LAWS. 15. Attorneys' Fees. If any party employs attorneys to enforce any rights arising out of or relating to this EULA, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses.The term "prevailing party" means that party, as plaintiff or defendant, who substantially prevails against the other party. Notwithstanding the foregoing, if a written offer of compromise made by either party is not accepted by the other party within thirty (30) days after receipt and the party not accepting such offer fails to obtain a more favorable judgment,the non-accepting party shall not be entitled to recover its costs of suit and reasonable attorney's fees and costs (even if it is the prevailing party) and shall be obligated to pay the costs of suit and reasonable attorney's fees and costs incurred by the offering party. 16. Severability. If any provision of this license is held to be unenforceable,the enforceability of the remaining provisions shall in no way be affected or impaired thereby. 17. Governing Law and Arbitration.This EULA is governed by the laws of the United States and the State of California, without reference to conflicts of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any controversy or claim, whether in law or in equity, arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in King County, Washington administered by JAMS in accordance with its Streamlined Arbitration Rules & Procedures, and judgment on the award rendered by the arbitrator(s) is final and not appealable and may be entered in any court having jurisdiction thereof. 18.Term.This agreement is valid for one year beginning on the date that you are provided the License Key. This agreement shall automatically renew for additional one (1) year terms, unless either party provides written notice to the other of its intent to terminate this agreement not less than thirty(30) days before the end of the then current term. 19. Notices. All notices or requests by the parties required by this Agreement shall be in writing and hand delivered, delivered by email to the primary contact listed on the License, delivered by a major commercial overnight courier service with tracking capabilities, or mailed by certified mail, return receipt requested, postage prepaid to a party at the address listed on the License. Notice shall be effective only upon receipt by the party being served, except notice shall be deemed received five (5) days after deposit in the mails, by the method described above. Notice by email is effective immediately after it is sent or upon the starting business hours of the receiving party if notification is sent outside of business hours. Notice to Licensee shall be addressed to the individual listed on the Bluebeam License Certificate. Notice to Bluebeam shall be addressed to Operations, 55 South Lake Ave., Suite 900, Pasadena, CA, 91101, U.S.A. or to sales@bluebeam.com. 20. Entire Agreement. This EULA sets forth all rights for the user of the Software and is the entire agreement between the parties. This EULA supersedes any other communications with respect to the Software and Documentation. This EULA may not be modified except by a written addendum issued by a duly authorized representative of Bluebeam. This EULA expressly supersedes and completely replaces any and all prior end user license agreements. Bluebeam shall not be bound by or liable to You for any pre-existing or contemporaneous written or oral representations or warranties, made by any third party, with respect to the Software, including any authorized distributor or reseller or their respective agents, employees, or representatives, nor shall You be deemed a third party beneficiary of any obligations of Bluebeam to any such distributor or reseller. 21. General Provisions. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Bluebeam or a duly authorized representative of Bluebeam. You hereby acknowledge a breach of this EULA would cause irreparable harm and significant injury to Bluebeam that may be difficult to ascertain and that a remedy at law would be inadequate. You agree that Bluebeam shall have the right to seek and obtain, without the posting of a bond, immediate injunctive relief to enforce the obligations under this EULA in addition to any other rights and remedies it may have. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. If You have received a translation into a language other than English, it has been provided for Your convenience only. 22. Other Provisions. 22.1 Pre-release Software. Pre-commercial release or beta software does not represent the final commercial product from Bluebeam, and may contain bugs, errors, inconsistencies or other problems that might cause system or other failures or data loss. If you accept the receipt of pre-release Software pursuant to a separate agreement with Bluebeam, Your use of the Software is also governed by such agreement. Your use of pre-release software is at your own risk. Please also refer to Sections 7-10, which govern the Software. 22.2 Education Software. If the Software accompanying this EULA is an Education Software Product (Software licensed and distributed for use by Educational End Users), You are only entitled to use the Software if you qualify as an Educational or Academic User. Please visit http://www.bluebeam.com/us/store/education-store/for more information on the Bluebeam Education program and requirements. 22.3 Online Access. Bluebeam provides access to the Internet and websites through the Software. Bluebeam does not control, endorse or accept responsibility for any online services or websites offered by third parties. Any transaction between you and a third party in connection with a website or online service, including the delivery of and payment for goods or services and any other terms or conditions, warranties or representations associated with such transactions, are between you and the third party. USE OF THIRD PARTY WEBSITES AND ONLINE SERVICES IS AT YOUR OWN RISK UNDER THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SECTIONS, 7 AND 10. 22.4 Digital Certificates. Bluebeam Software products use digital certificates to sign and validate signatures within PDF files and to validate certified PDF files. Your computer may access the Internet in order to validate or certify a digital certificate which are self-signed or issued by a third party authority. The purchase, use, and application of digital certificates are your responsibility. Before you rely on any certified document or digital signature, do your research. Review the terms and conditions under which the Certificate Authority provides its products and services. You are solely responsible for determining whether to rely on a certificate. In other words, unless you have a written warranty provided by the Certificate Authority, You use digital certificates at your own risk. You agree to hold Bluebeam harmless from any and all liabilities, losses, actions, damages, or claims arising out of or relating to the use of, or the reliance on, any digital certificate or service of a certificate authority. 22.5 Usage Data Collection You agree that Bluebeam may collect and use anonymous information from your use of the Software. This may include, but is not limited to information about your device information, error reports, feature usage, and date and time of access. Additionally,we may rely on third party services to collect and process this data. In such an event, you agree that data may be stored and processed on third party servers. 22.6. Privacy Policy. Your use of Revu is subject to the Bluebeam Online Privacy Policy. For more information, please visit our website at www.bluebeam.com. 22.7 Confidentiality. You agree that the Software, including, but not limited to,the object code components and any integration specifications (e.g., .bfx file exchange protocol) provided to You is "Confidential Information" of Bluebeam. You shall retain all Confidential Information in strict confidence at least with the same amount of diligence that You exercise in preserving the secrecy of Your most-valuable information, but in no event less than reasonable diligence. You shall: (i) only disclose Confidential Information to Your employees and agents to the extent required to use the Software under the terms of this EULA, and (ii) bind Your employees and agents in writing to maintain the confidentiality of such Confidential Information, and not use or disclose such information except as permitted under this EULA. To the extent permitted by applicable law, including Washington's Public Records Act, Chapter 42.56 RCW, You shall maintain the confidentiality of any trade secrets or other proprietary information, and such records shall be exempt from public inspection. If You receive a public records request for such information, you will notify Bluebeam as soon as reasonably possible, and you will provide Bluebeam ten (10) business days from such notice so that Bluebeam may obtain a court order preventing the release of the records. If no such order has been obtained after ten (10) business days, You may release the records. 22.8 Third Party Apps and Integrations. Use of third party Applications or Integrations may result in your data being transferred to a third party. Bluebeam is not responsible for and you agree to hold Bluebeam harmless for data transferred to third parties in connection with your use of Third Party Applications or Integrations. Use of third party Applications or Integrations are at your own risk and any recourse, legal or otherwise, shall be with the provider of the Application or Integration. 23. Bluebeam®,the "b" logo ®, Revu®, VuO, Q®, eXtreme®,the "r" logo ®,the "v" logo ®, bFX®, No Limits®, Batch Link®, Punchkey®,Tool ChestTM, VisualSearchTM, MultiViewTM, the "Studio" IogoTM, Dynamic DefaultTM, Dynamic LayersTM, WebTabTM, Stapler TM, File AccessTM, SmartGroupTM and StudioGoTM are Trademarks or registered Trademarks of Bluebeam, Inc. ABBYY and FlexiCapture are registered trademarks of ABBYY. Office®, Outlook®, Windows® and SharePoint® are registered trademarks of Microsoft Corporation. ProjectWise® is a registered trademark of Bentley Systems, Incorporated. AutoCAD®, Revit® and Navisworks® are registered trademarks of Autodesk, Inc. SoliclWorks® is a registered trademark of Dassault Systemes SolidWorks Corp. All other trademarks or registered trademarks are the property of their respective owners. 24. The terms or conditions of Your purchase order or other administrative document (unless signed by both parties and expressly referencing that it amends this EULA) will not be effective as a modification of the terms and conditions of this EULA, regardless of Bluebeam's failure to object to such form. 25. Bluebeam reserves the right to update the terms of this EULA. Updated terms will be posted at http://www.bluebeam.com/Revu/EULA. Bluebeam Customer Contact. If You have any questions concerning these terms and conditions, or if You would like to contact Bluebeam for any other reason, please call (626) 788- 4100, or write: Bluebeam, Inc., 55 South Lake Ave, Suite 900, Pasadena, California 91101 USA, Attention: Operations You may also reach us at http://www.bluebeam.com. BUJEBEAKn STUDIO TERMS OF USE AGREEMENT This Bluebeam"I Studio Terms of Use Agreement ("Terms of Use") is an agreement between you (either an individual person or single legal entity,who will be referred to in these Terms of Use as("Yuu"), and B|uebeam, |mc, referred tmas (^B|uebeann'). 1. Acceptance and Modification nf Terms ofUse 1.1 Acceptance. Your use of the Bluebeam Studio Services as described below is subject to these Terms of Use,which operate in conjunction with the 8luebeam End User License Agreement("EULA°)for Bluebeam RevuO and the Bluebeam Online Privacy PoUicy, incorporated herein by reference. You can find the most recent EULA and Privacy Policy respectively at and . Studio hs run and operated by8|uebeam, and by clicking to Accept these Terms of Use,You agree to be bound by a) these Terms of Ulse and b)the laws of the Unites States of America, 1.2. Modification. Bl'uebeam reserves the right to update and modify, from time to time,these Terms of Use and all other documents incorporated herein byreference. |f you find that any future modifications are unacceptable\oyou,you should a) refuse to accept these Terms of Use, b> discontinue use of the Services, and c)terminate these Terms of Use according to Section 5 below. You can find the most recent Terms of Use at . 2. Definitions 2.1 "Services" the software environment enabled byB|uebeann Stud im`" urStudio'm that isa client- server basedemvironmen%6orfaci|itmbngsymchronnusandasynchronouscm|leboradonarmongst multiple, distributed parties, B|uebeamRcvw (Hevu) includes a client interface for interacting with the Studio Server. Attendees in a Session are required to use Revo in order to participate. ARecord of all transactions (which includes chats,comments, or Markups to the PDF) is created for each Session. All Session Records are stored on the Studio Server and communicated to session participants or Attendees via the Studio Server. When the Studio Client connects to the Studio Server, all transactions that have been recorded for a particular Session will bedisplayed. However, an Attendee may only add ormodify their comments orMarkups. Transactions from other Attendees are locked and view only. A report mf this Record can be published up until m Session iaFinalized. Once a Session is Finalized,the Recmr6and all files uploaded to the Studio Server will be permanently deleted, 2.2 °0uebeam Studio" or°Studio° The combination of client and server software that, byacting together allows people to participate in a Session. The purpose of the Studio,is to enable a group of people ("Attendees")to markup one or more PDFs files and to discuss the changes via the "chat" mechanism. 2.3 "Studio Server" -The software running on a hosted Server to which Studio Clients connect, 2.4 "Studio Client" -The portion of Bluebeam Revu that is installed on a PC which connects to the Studio Server. 2.5 "Studio Project"-a set of functionality of Studio enabling Users to store computer files("Project Files") on a network accessible service. The Studio Project feature acts in many ways similar to a network accessible disk drive and utilizes a third-party provider cloud storage platform. 2.6 "Project Files" -computer files that are uploaded and accessible online by Users using Studio Project. 2.7 "Session" -A set of documents, Markups,Chats,and Attendees that exists for a period of time. 2.8 "Record"-The history of all Studio events or transactions including joining/leaving, Markups,Chats, and file changes that is presented in an ordered and numbered list. 2.9 "Chat'-A message typed by an attendee that is not part of a Markup. 2.10 "Markup" -A visual element placed by the Attendee on a PDF document. All Markups reside on a layer separate from the PDF content layer or document. 2.11 "User"-An individual who has created an account with a unique Email address and password. 2.12 "Attendee"-A User participating in a Session with a unique Attendee name for that Session. 2.13 "Host'-The Attendee who starts a Session and is the only person who can change Session options, add/remove files,and control access to the Session by other Attendees. 2.14 "Follow"- Having one or more Users, in real time,display what a different User is seeing by streaming positional information (rather than raster screen information). 2.15 "Login"-The act of typing in an E-mail address and corresponding password to gain access to Bluebeam Studio, however not yet a Session. 2.16 "Join"-The act of entering a Session ID,whether typing directly,or clicking a link, such that a Logged in User becomes an Attendee of a Session. 2.17 "Leave"-The act of leaving a Session, however the User can re-join a Session until it is Finished. 2.18 "Start" -The act of starting a new Session,which generates a unique Session ID and provides a means for the Host to add files and invite Attendees. 2.19 "Finish" -The act of ending a Session permanently with the option to commit Markup changes made in the Session back to the original set of PDFs. 3. Your Acceptance and Use of Services 3.1. Change in Features. Bluebeam may discontinue or add new features to Studio("Features")from time to time,at its sole discretion. If new or amended terms for such Features are required,you are not entitled to use Features unless you agree to the new or amended terms. 3.2 Right to use Studio. You represent and warrant that you have the right, power and authority to enter into this Agreement and to perform the actions required of you herein, including: a) having a valid license to use the software applications that provide access to the Studio Server,which allows You to upload files and generate content,and b) maintaining your information or the information of Attendees. If not,You are not allowed to access,upload,generate,or maintain such content or information on the Studio Server. 3.3 Access to Studio Server. You acknowledge that your ability to access Studio may require the payment of fees(such as telephone charges, ISP,or other charges)to a third party and that You are responsible for paying such fees. Bluebeam is not responsible for providing access or any software or equipment that you may need to be able to utilize the Services. Services are not available in all languages. Bluebeam reserves the right to charge for access to the Studio Server and to use the Services. 3.4 Just for You. Bluebeam provides Studio and related Services to You,only You,for your individual use. You are solely responsible for your Account Information(Email Address and Password), and must keep your Account Information confidential (i.e., not share it with other individuals or third parties). 3.5 Rights and Responsibilities as Host. The Host of a Session is the only Attendee that can make Sessions Final. A Host can restrict Attendees by Email address or deny access for any Attendee at any time. Further,the Host can control whether Attendees can save, print,or Markup PDF files. Although Bluebeam attempts to enforce these Host rights, Bluebeam is not accountable for Users who find the means or methods to circumvent these measures. 3.6 Confidential Information. If You maintain confidential or other restricted information on the Studio Server or through the use of Studio Project,You are solely responsible for implementing controls or processes in addition to the security measures Studio provides. 4. Grant of License 4.1 License to Use. Subject to your acceptance of these Terms of Use, Bluebeam hereby grants to You a limited, non-sublicensable,non-exclusive, non-transferable, revocable right to use the Services in the manner and for the purposes described in any documentation. The documentation shall include, but is not be limited to,any printed materials or electronic data provided by or obtained from Bluebeam with regard to Studio. 4.2. Intellectual Property Rights. All right,title and interest in and to all copyrights, patents,trade secret rights,trademarks and other intellectual property rights in and to the Services, related software,and any documentation,are owned by Bluebeam. These Services and documentation are protected by patent,copyright and/or other intellectual property laws of the United States and other countries as well as by international treaty provisions. Except as expressly set forth herein,your possession or use of the Services does not grant to You any intellectual property rights in the Services, related software,or documentation. 5. Term and Termination. These Terms of Use will continue until terminated by You or Bluebeam. Either party hereto may terminate these Terms of Use,with or without cause. In the event Bluebeam determines in its sole discretion that You have violated any of the terms,conditions or provisions of these Terms of Use(e.g.,Your Studio account is used by any third party), Bluebeam may immediately tenninate these Terms ofUse. Any such termination shall not prejudice, limit mr restrict anyotherrigMts or remedies Bluebeam may have against You, and shall not modify, limit or restrict any obligations You may have to Bluebeam under these Terms of Use. Bluebeam also reserves the right to terminate the Services,for any reason, upon sixty(60) days notice, which can be found on the Bluebeam web site ( ). You may terminate these Terms of Use at any time by providing Bluebeam with written notice and initiating deletion of your User Account, Upon termination of these Terms mJUse, You shall promptly discontinue use af the Services. Unless agreed to otherwise in writing, in the event that these Terms of Use are terminated for Your User account,for any reason, Bluebeam may in its sole discretion delete or otherwise terminate storage for Project Files and any Information or data associated with the User account. 6. The Content. You acknowledge that the Services are automated (e.g.,You upload Content including Information and Project Files, through BUuebeamRevm)and that B|uebmam personnel will! not access, view, or clownload any Content, except as reasonably necessary to, perform the Services, including but not limited to the following: (a) respond to technical support inquiries; (b) reset user names, passwords, or roles; (c) manage Session restrictions,status updates, or User and Email activity; (d)conform to any legal requirements; (e) maintain any software or hardware required in perform Services; (f) emforce these Terms of Use; and (g) hosting ufand provision of access tmany Project Files and related folders and organizational information, 7. You will not, and You!will not encourage or create funictionality for your Attendees, other Users or other third parties to: (a) permit third party to use the Services, access, upload,generate, ormaintain Content or information mn the Studio Server in violation mf any terms of these Termc; (b) collect ordisclose Information, including Email addresses, or other private information about any User without the User's express consent; (c) sell, lease, rent, redistribute, or sublicense any access to or use of the Services, or otherwise transfer any rights tm use the Services; (d) abuse, defraud, harass, or otherwise violate the legal rights(e.g., privacy) ofothers; (e) interfere or attempt to interfere in any manner with the proper working of the Services; (f) circumvent or render ineffective any geographical restrictions, including IP address-based restrictions; (g) use the Services in any manner or for any purpose that violates any law or regulation, any right of any third personi, inicluding but not limited to intellectual property rights, rights of privacy, or rights of publicity, mrim any manner inconsistent with these Terms ofUse; (h) use the Services to transmit or store any Content that is obscene or profane; (i) use the Services intentionally to encourage or promote copyright infringement ur the exploitation of copyright infringing materials; nr (j) misrepresent your identity when registering for use of the Services or mask your usage of the Services. You acknowledge and agree that by using the Services, You may be exposed to materials from third parties that you may deem obscene, profane, offensive, indecent, or otherwise objectionable. Such Content is outside the control ofB|uebeam (refer to Section 6abmve). Please report any violations of these Terms of Use To 8|mebeom at . 8. Additional Privacy Policy Terms 8.1 Privacy Policy,The terms of the Bluebeam Online Privacy Policy and of this Section govern Bluebeam's acquisition and use of information in the performance of Services, [f there is any conflict between this Section and the Bluebeam Online Policy,this Section shall control. |f You are amom-U.S resident,You agree and acknowledge that Information acquired via the Services or in connection with the Services is collected by 8|uebeamn on your behalf and may be transferred and stored across international boundaries or processed in any country around the world in which B|ueheam deems appropriate ta perform Services. 8.2. Information Storage. 8|uebearn stores your Information and the Information ofParticipants in accordance with B|uebeann^s then-current storage policies. B|uebeam may delete, as applicable, all nr any portion of your Information or Information of Participants based on the storage policies or upon termination of these Terms ofUse. Storage policies may change over time. Please check the B|uebeanw web site for up-to-date privacy and storage policies. Bluebeam reserves the right to charge You for storage services or memory used in connection with your User account. Storage and deletion policies for Project Files are discussed separately below. 8.3. Security. Bluebeam has utilized various technologies (e.g.,SSQ and implemented controls to help protectcomrmunicadons' content and information transmitted to and from the Studio Server, You acknowledge that the security measures that govern the transmission of data to and from the Studio Server do not protect against any mailicious Content uploaded,which is under the control of the Session Host and outside the control of8luebeam. 8.4. B|uebeam Communications toYou, Notwithstanding any preferences you selected for cnmmnonioations,from 8|uebeanm, 8|uebeam may send You Service-related Emai|xregamjing maintenance or changes to the Services, 8.5. Host Responsibilities with Attendees 8.5.1. Information uf Your Attendees. Asa Host, You shall have sole nespomsibHityfor any and all Information Attendees use and submit in connection with Services. 0uebeam shall have nw responsibility in connection thereto. Also,You shall comply with all applicable privacy and data protection laws for the Information of Attendees. You agree to defend, indemnify and hold harmless Bluebearn from any claim, suit, or proceeding brought against Bluebeam by a Participant due to an act or omission regarding Information of your Attendees. 0.5.2. Communications from You tmAttendees. You may use the Services to initiate the sending of Emai|sto your Attendees and Users. Asa result, even though Attendees and Users may opt out from receiving communications from Bluebeam, such Users and Attendees may receive certain Service- related Emails initiated by You. You are solely responsible for such Emails and the contents thereof. 9. User Name and Password. In order to utilize the Studio Services,You must create an Account by entering a User Name (Email address)and Password. You are solely responsible for activity that occurs under your Account and Bluebeam has no responsibility with regards to the use,disclosure, or management of your Account Information. Your Account must have the associated Email address verified within seven (7)days to remain active. Bluebeam is not responsible for Email notifications that are not delivered due to technologies such as spam,filters or firewalls. 10. Project Files. 10.1 Project File Organization and Access. The Project Files are organized into logical units called projects. A User may create any number of separate projects. Project Files within a specific project may be organized into a hierarchy by adding folders and subfolders. Project Files may be added to any location within the folder hierarchy. Any type of file may be stored in Studio(PDFs, MS Office Files,CAD files,etc.). A User may set permissions on a project such that only specified other Users of the project are authorized to access the Project Files. In order to ease administration of permissions, Users may be organized into groups. Group permissions are applied to all folders and Project Files within a specific project. When a Project File has been uploaded or submitted to a project, it will be placed under revision control. In order to modify a Project File,the Project File must be checked out,or reserved by the individual User. Once changes are made,the changes may or may not be checked back in. With each revision,a Record is kept including the revision number,which User made the change and the date the change was made. Specific permissions may be set as to which Users may modify,view or access the Project Files. 10.2 Project File Ownership and License. As between Bluebeam and You,You shall own all right,title and interest in any of Your Project Files. 10.3 Project File Storage Policy. This section applies only if you are connecting to the Bluebeam Studio Service. Each User with a valid account is initially allocated 5 GB of project storage space for Project Files across all projects free of charge. A User may elect to pay an additional fee for more project storage space. Accounts of Users who do not elect to pay for additional project storage space are designated "Free Storage Accounts". Free Storage Accounts are subject to the below Project File Deletion Policy. Election and payment of such additional fee shall exempt the User from the Project File Deletion Policy. 10.4 Project File Deletion Policy. This section applies only if you are connecting to the Bluebeam Studio Service. Bluebeam reserves the right to delete Project Files or otherwise terminate storage for Project Files of Free Storage Accounts. Bluebeam will make reasonable attempts,at least including Email notices,to notify Users prior to deletion of any Project Files. This process may be initiated by Bluebeam at anytime and in its sole discretion. 10.5 User Responsible for Project Files. You, and not Bluebeam,are responsible for maintaining and protecting your Project Files. Bluebeam will not be liable for any loss or corruption of your Project Files, or for any costs or expenses associated with backing up or restoring any of Your Project Files. 11. Copyright Complaint Procedures. 11.1 B|uebeam respects the intellectual property rights of others and expects its Users todo the same. Bluebeam provides its Services related to hosting session and project files in accordance with the Digital Millennium Copyright Act of 1998 ("DIVICA"),the text of which may be found on the U.S. Copyright Office m/ebsiteat< . 8|uebeam will respond promptly to claims ufcopyright infringement committed using Bluebeam's Services that are reported to the B|uebeanm Designated Copyright Agent identified below. |f You are u copyright owner orauthorized agent mfa copyright owner, please report alleged copyright infringements taking place through the use of Bluebeam's hosted Services by completing the following DMCA Notice of Alleged Infringement and delivering ittn the 8|uebeam Designated Copyright Agent. Upon receipt of this Notice esdescribed below, Bluebeam will take whatever action it deems appropriate, including but not limited to, disabling YourUseraccoumtamd/orde|etingerotherm/iuedisabDnAaccesstoanyinformo%innamdfi|es(indudlmQ Project Files) associated with Your User account. 11.2 Dkq[A Notice of Alleged Copyright Infringement, For Your complaint tobe valid under the DIVI[A' You must provide the following information when providing notice of the claimed copyright infringement: � (a) Identify the copyrighted work that You claim has been infringed. (b) Identify the material or link You claim is infringing including the URL of the link shown on the relevant vvebsiteor file/folders where such material may befound. (c) Provide Your mailing address, telephone number, and, if available, email address, (d) Include both of the following statements in the, body of the Notice: i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent,or the law and I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed," ii) I swear, under penalty of perjury, that the information in the notification is accurate and that | am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." (e) Provide Your full legal name and your electronic ur physical signature. (f) Deliver th,is Notice, with all items completed, to the Bluebeam Designated Copyright Agent: Muebeom, |mc. ' Attn: Copyright Agent 55 South Lake Ave,Suite 9OO Pasadena, [A91101 (For more details on the information required for valid notification, see 17 U.S.[. 5I2(c)(3)J 11.3 You should be aware that, under the DCMA,claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material,court costs, and attorneys fees. 12. Availability of Studio Services. Bluebeam makes reasonable efforts to make the Services available 24 hours per day, 7 days per week. However,from time to time,Services will be interrupted due to maintenance, upgrades, and repairs to software applications or as a result of hardware or equipment failures beyond Bluebeam's control. Bluebeam will take reasonable steps to avoid such interruptions to the Services,to the extent it is within Bluebeam's reasonable control. 13. DISCLAIMER OF WARRANTIES. IN ADDITION TO THE WARRANTIES DISCLAIMED IN THE BLUEBEAM REVU EULA AND BLUEBEAM ONLINE PRIVACY POLICY, BLUEBEAM DOES NOT WARRANT AND MAKES NOT COMMITMENT TO SERVICES. BLUEBEAM RESERVES THE RIGHT TO DISCONTINUE SERVICES AT ANY TIME. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED"AS IS"WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. BLUEBEAM DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS,AND FOR THE USE OF THE SERIVCES. BLUEBEAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES,ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUEBEAM BE LIABLE FOR ANY DIRECT,SPECIAL, INCIDENTAL, INDIRECT,OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THESE SERVICES. r / / / � r / / / r lr / I e / / / / / / / r , / l r / / r r / / / / / / / / // / / / / i/ �/... 7/0 ANKI / f / / , r / l r / r / / � / / / / / / r / / / / r / I / / r � / / /// / / / / r , r / 1 / / / / 1 t / / / r / / / I r / fr r r / r / / / / / , r / o i r / / / 0 t / 1 / / / / / I r / / / 1 / r / 1 , , / / / / / / , f , / I r / / / i / / / / / / l / / / / / / /i/ / I / / / i / / i / r( / / / r' / / / / // / /