HomeMy WebLinkAboutIT16-339 - Extension - Citrix Systems, Inc. - NetScaler & XenApp Annual Maintenance - 08/17/2018 KENT Records Management Document
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
❑ Blue/Motion Sheet Attached
Pink Sheet Attached
Vendor Name: Citrix Systems, Inc.
Vendor Number (JDE): 39763
Contract Number (City Clerk): I-T U- 33'1 - O03
Category: License Agreement _
Sub-Category (if applicable): Choose a item_
._. e . ______________________.
Project Name: Citrix/NetScaler/XexApp Annual Software Maintenance
Contract Execution Date: 08/17/18 Termination Date: 08/16/19
Contract Manager: Somen Palit Department: IT
Contract Amount: $12,430
Approval Authority: ® Director ❑ Mayor ❑ City Council
Other Details: Usinq Prior IT16-339
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City of Kent
Org ID: 50184HQ
22C 4TH Avenue S,
Kent, WA, 98032-5895, USA
Phone 1 (253)8565200
Quote to Issued By: North America: Citrix Systems, Inc.851 West Cypress Creek Road Fort
W0273141 Lauderdale, FL 33309 USA
Quote Created Date
8/0 612 0 1 8 Review the Quote
Quote Expires Review the quote you requested to renew the following Citrix Maintenance program
8/0 912 01 8 offerings. This quote is not valid if past the expiration date or if not approved,
Quote Status Transact the Quote
Staged To transact this quote, please access our online renewal tool located at
SRP(USD) www,citrix com/myaccount/renew or contact your Citrix Sales Representative.
11,300.00
Y More Information
For more information and the terms and conditions of Citrix Maintenance programs, please
(g visit www citrix,com/supporUprog rams/,
If you do not have a current license program registration or other applicable agreement,
maintenance is offered under the Easy program registration terms on www,citrix.com and
your order will confirm your acceptance of those terms.
Final PSRP(USD)
11,300.00
Service Renewal Quote forCustomeD CityofKent
This is not an offer or price commitment.Please refer to the disclaimer for more information,
Page i of 2
0
CITRIX
Service Level:Select
Product Suite Transaction Serial Number Program Current New Service New Service User Final
Type Level Service End Start Date End Date Count PSRP
Date (USE)
Citrix XenApp(Presentation Renewal LA-0001754289- Easy 8116/2015 8/17/2018 8/16/2019 5 350.00
Server)Advanced 89648
Citrix NetScaler VPX 200- Renewal LA-0001881845- Easy 811 612 01 8 3117/2018 8/16/2019 1 2,200 00
Enterprise Edition 13271
Citrix XenApp(Presentation Renewal CM-3984361-73483 Easy 8/16/2018 6/17/2018 8/16/2019 10 70000
Server)Advanced
Citrix XenApp(Presentation Renewal CM-3984361-73483 Easy 8/16/2018 sit 712018 8M6/2019 5 35000
Server)Advanced
Citrix XenApp(Presentation Renewal CM-3984361-73483 Easy 8/16/2018 8/17/2018 Bit SQ019 10 70000
Server)Advanced
Citrix Xerl(Presentation Renewal CM-3984361-73483 Easy 3/1612018 8/17/2016 5/16/2019 50 3,50000
Server)Advanced
Cltrlx Xeri(Presentation Renewal CM43984361-73483 Easy 8/1 6/201 8 8/17/2018 8/16/2019 15 1,050 00
Server)Advanced
Citrix XenApp(Presentation Renewal CM-3964361-73463 Easy 8(16/2018 8117/2013 all 6/2019 15 1,050 00
Server)Advanced
Citrix XenApp(Presentation Renewal CM-3984361-73483 Easy 8/16/2016 8/17/2018 8/16/2019 20 140000
Server)Advanced
Disclaimer References to the end customer price is a recommended price only. Citrix does not control reseller prices or discounts and
does not restrict the price at which channel partners sell, or end customers buy Citrix products, services, service renewals or
extensions. This document may contain errors and Citrix reserves the right to correct any incorrect pricing. These suggested prices may
be subject to additional local fees like customs, additional local taxes, shipping, or others. All purchase orders submitted for this quote
must be paid within 30 days after the order is placed. Your invoice will reflect all applicable tax due. All payments are non-refundable.
Nothing contained in any purchase order or any other document submitted by you shall in any way add to or otherwise modify these
terms and conditions. If you do not have a current license program registration or other applicable agreement, maintenance is offered
under the current version of the relevant product EULA or EUSA which can be viewed at
tftp5:4/`wvww CgLo.c-rzt VbtdyFJq+ .ng,is7r ,td,reprna+rrTS.hiti we are unifying our portfolio, our product names are changing. You may be
purchasing a product that is impacted by these changes.. Therefore, the product interface may reflect a different name than the product
name included in this transaction while we roll out our new portfolio, Click here hHpg✓ wr„pitrlx,ccwnt/aE outircjtrL)-p,Lpl ug, ideri for
more information
VW
Service Renewal Quote for Customer: City of Kent
This is not an offeror price commitment.Please refer to the disdaimerfor more information,
Page 2 of 2
CI'I'R[X LICENSE AGREEMENT
This is a legal agreement(`AGREEMENT")between the end-user customer("you"), and the providing Citrix entity(the I,
applicable providing entity is hereinafter referred to as "CITRIX"). Your location of receipt of the Cimix produce y
(hereinafter "PRODUCT") and maintenance (hereinafter "MAINTENANCE") determines the providing entity as `
identified at Ud1p5,9,�Ryvt4ea �rg1?:y,CwS�,n/bngilicent+o�rt s,,i¢,rEx, qrr, Uvii9rugt;-eryCitie5.1Y2pntl. BY INSTALLING ANDIOR USINCY
TAF PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS ON 'ITUS AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREFIviENT, DO NOT INSTALL AND/OR USE TIIE PRODUCT.
Nothing contained in any purchase order or any other document submitted by you shall in any way modify or add to the
terms and conditions contained in this AGREEMENT.
1. PRODUCT LICENSES.
a. End User Licenses. The software in a software PRODUCT and the software installed in an appliance
PRODUCT is made available by CITRIX under the license models identified at
hSppS wLly .ej(rit E7ny°Etrt,vt�fr :!pso 3u t lion(. Any experimental features delivered with such software
will be identified and arc licensed only for Wernul testing purposes. "Software" weans a Citrix proprietary
and/or open source software program in object code form hcensed herermder. "Appliance" means a hardware
appliance with installed Software.Notwithstanding anything set forth in this AGREEMENT or at the referenced
website,your use of Open Source Software shall in all ways be exclusively governed by the open source license
indicated as applicable to the code at hOb;t:' wu°.gytl}x.et+lYLl?!`1L.I1wtetrsinalr�p, icellry.�jtgE;19. "Open Source
Software" means those portions of the PRODUCT that are provided under an open source license (s,g, a
version of a GNU General Public License, BSD or a license similar to those approved by the Open Source
Initiative tan^`ron-Rana mmt:,)).
Your license to software in a software or appliance PRODUCT will be activated by license keys that allow use u
of the PRODUCT in increments defined by the license model purchased ("License Keys"), License Keys for
other CITRLY products or other editions of the same PRODUCT may not by used to increase the allowable use
for your edition of the PRODUCT,
b. Partner Dame.If a software PRODUCT is labeled"Partner Aetna,"notwithstanding any term to the contrary in
this AGREEMENT,your license permits use only if you are a current CITRIX authorized distributor or reseller,
and then only for demonstration, test,or ovatuation purposes in support of your end-user customers,and not for
any other purpose, including without limitation customer training or production purposes. Note that a Partner
Demo PRODUCT may disable itself upon the expiration of the License Key. In no event may a Partner Demo
PRODUCT be used beyond expiration.
c. Evaluation. If a software PRODUCT is labeled "Evaluation," notwithstanding any tern to the contrary in this
AGREEMENT,your license permits use only if you are an end user customer and then only for your internal
demonstration, test, or evacuation purposes, and not for any other propose, including without limitation
production purposes. Your license is for ninety (90) days with no right to MAINTENANCE, the Limited
Warranty, or Infringement Indemnification. Note that an Evaluation PRODUCT may disable itself upon the
expiration of the License Key.In no event may an Evaluation PRODUCT be used beyond expiration.
d. Archive Copy. You may make one (1) copy of the software in a software or appliance PRODUCT in
machine-readable form solely for back-up,provided that you reproduce all proprietary notices on the copy.
2. MAINTINANCR_ 'Cho MAINTENANCE plan applicable to this PRODUCT is identified at
h vy^.c-itrix ct;T lztty I;U1 ; Ryy}',„iyl, ,j and plan entitlements and requirements are explained at
tl, .)Jwryw tjtrix.comhp„R,nra�prcps�iarny,rlgx,,l,. MAINTENANCF, may be required at the time of PRODUCT
purchase and may need to be purchased separately. MAINTENANCE is available for an initial (1) year tern and
may be extended by your purchase of available annual renewals(the"MAINTENANCE Temt"). MAINTENANCE
for a software or appliance PRODUCT begins upon delivery of the License Keys. During the initial or a renewal -.
MAINTENANCE Term, CITRIX will make any Updates for the PRODUCT covered by the plan available to you.
An "Update" shall mean a generally available release of the same edition of fire software for the same PRODUCT s
which Cimix may make available from time to time, CITRIX is not obligated to make any Updates available.
Updates shall be subject to the terms of this AGREEMENT, except that Updates are not covered by the Limited
Warranty applicable to the PRODUCT, to the extent permitted by applicable law. You acknowledge that CITRIX
may develop and market new or different software or appliance offerings or editions of the PRODUCT that use
portions of the PRODUCT I' and that perform all or part of the functions performed by the PRODUCT. Nothing
contained is this AGREEMENT shall give you any rights with respect to such new or different offerings or editions.
The MAINTENANCE plan may be purchased for the PRODUCT until it is no longer offered in accordance with the
applicable CITRIX PRODUCT Lifecycle Support policy posted at
hlw_!)±,,yvsa ayr,(,�r,ygar Mu,rlrtint„1?f+�rstl iulfi ecr�ole,s"atV. Any deliveries of Updates shall be electronic. The
MAINTENANCE plan may include technical support and, for hardware only, ar extended hardware warranty, if
stated at hap, !'we tpu.Tln n,ornPsuIppnirprcvGgratlln,lall. The offering you purchase determines your entitlement. In
addition to your MAINTENANCE plan,you may also purchase CITRIX consulting services as may be available
(including installation services,remote monitoring services or technical consulting). CITRIX' provision of technical
support or consulting services is predicated upon the following responsibilities being fulfilled by you: (i) you will
designate a Customer Support Manager("CSM")who will be the primary administrative contact; (ii) you agree to
perform reusonable problem determinatiou activities and to perform reasonable problem resolution activities as i
suggested by CITRIX;(in)you are responsible for implementing procedures necessary to safeguard the integrity and r
security of sollware and data from unauthorized access and for reconstructing any lost or altered files resulting from
catastrophic failures; (iv) you are responsible for procuring, installing, and maintaining all equipment, telephone
lines, communications interfaces, and other hardware at your site and providing CITRIX with access to your
facilities as required to operate the PRODUCT and permitting CITRIX to perform the service; and (v) you are
required to implement all currently available and applicable software hotfixes,hotfnc rollup packs, and service packs
or their equivilc t for the PRODUCT in a timely manner. CITRIX is not required to provide any technical support j
for problems arising out of: (i)your or any third party's alterations or additious to the PRODUCT, operating system
or envlronmort; (ii) CITRIX provided alterations or additions to the .PRODUCT that do not address Errors or
Defects; (H) any funotionality not defined in the user documentation published by CITRLT and included with the
PRODUCT(hereinafter"Documentation"); (iii) use of a sottware PRODUCT on a processor or peripherals other
than the processor and peripherals defined in the Documentation; (iv) any PRODUCT that has reached Fatd-of-Li fe;
and (v) any consulting deliverables from CITRIX, you or any third party.Am"Error" is defined as a failure in the
PRODUCT to materially conform to tho functionality defined in the documgutation. A `Defect" is defined as a
failure in the PRODUCT to conform to the specifications in the Documentation.In situations where CITRIX cannot
provide a satisfactory resolution to your critical problem through normal technical support methods,CITRIX may
engage its product development team to create a private fix. Private fixes are dusigned to address your specific
situation and may not be farther distributed by you. CITRIX retains all riglit, title, and interest in and to all fixes,
packs and their equivalent. Any private fixes are not provided as the PRODUCT under the terms of this
AGREEMENT and they are not covered by the Limited Warranty or Infringement Indemnification applicable to the
PRODUCT, to the extent permitted by applicable law.With respect to CITRIX consulting services, all intellectual
property rights in all deliverables,pre-existing works and derivative works of such pre-existing works, as well as
developments made, conceived, created, discovered, invented, or reduced to practice in the performance of the ',..
assessment are and shall remain the sole and absolute property of CITRIX, subject to a worldwide, non-exclusive
license to you for internal use. Except for your payment obligations for provided PRODUCTS and services, j
non-performance of either party shall be excused to the extent performance is tendered impossible by force majetre,
but only for so long as such condition exists.
7. DESCRIPTION OF OTHER RIGHTS, LIMITATIONS, AND OBLIGATIONS. Except as expressly set forth in
Section 12,you may not transfer,rent, timeshare, grant rights in or lease the PRODUCT except to the extent such
foregoing restriction is prohibited by applicable mandatory law.If you purchased or otherwise received replacement
License Keys as part of a PRODUCT upgrade or otherwise and such replacement is a condition of the transaction,
you agree to destroy the original License Keys and retain no copies after installation of the new License Keys and `
PRODUCT. You stall provide the serial numbers of the original License Keys and corresponding replacement
License Keyes to the reseller and, upon request, directly to CITRIX, for tacking purposes. In the event you make a
transfer of the PRODUCT in the h:IJ or RFR, to the extent permitted by law and notwithstanding the terms of this
AGREEMENT,you must mninstall the PRODUCT and i,icense Keys,cease your use,transfer them to the transferee
and retain no copies. You are responsible far ensuring that the transferee accepts the terms of this AGREEMENT.
You must provide evidence that the conditions for a lawful transfer of the PRODUCT are met. Ah warranty,
MAINTENANCE and i nfriugcment indemnification rights will terminate automatically upon such transfer and will
not be available to the transferee.You must comply with applicable export laws with respect to such a transfer. You
may not modify, translate, reverse engineer, docompile, disassemble, create derivative works based an or copy the
PRODUCT, except as expressly licensed in this AGREEMENT or to the extent such foregoing restriction is
expressly prohibited by applicable mandatory law.You may not remove any proprietary notices,labels,or marks on
the PRODUCT.Notwithstanding the foregoing,this AGREEMENT shall not prevent or restrict you from exercising
additional or different rights to any portions of the PRODUCT that are Open Source Software. To the extent
permitted by applicable law, you agree to allow CITRLY to audit your compliance with the terms of this
AGREEMENT upon prior written notice and during normal business hours, but no more than once per year. Any
audit shall not unreasonably interfere with your business activities. You will reasonably cooperate with CITRIX and
the auditor and will, without prejudice to other rights of CITRIX, address any non-compliance identified by the
audit, including,but not limited to, promptly paying any fees owed, If the audit discloses an underpayment of ten
percent(10%)or more of fees owed for the period audited or other material breach of this AGREEMENT,you agree
to also reimburse CITRD: for the reasonable audit expenses. Note that a PRODUCT may be provided.with
identified experimental features which are not part of the PRODUCT and which arc not covered by
MAINTENANCE and the Limited Warranty, Such features are offered AS IS and may never become part of the
PRODUCT or any CITRIX commercial product. Citrix makes no representations or certifneatious with respect to
experimental features,
ALL RIGHTS IN TEM PRODUCT NOT EXPRESSLY GRANTED ARE RESERVFD BY CTTRa OR ITS
LICENSORS.CITRIX and/or its licensors own and retain all title and ownership of all intellectual property rights in
and to the PRODUCT, including any adaptations, modifications, translations, derivative works or copies, and any
relating to the design,manufacture,or operation of the same.
4. INFRINGEMENT➢NDA;,MNrFjCA:rlON. In the event of any claim, suit, or proceeding brought against you based
on an allegation that a PRODUCT, experimental features or consulting deliverable hereunder (excluding Open
Source Software unless noted at bttkry.;lwww cuuu.rgli/bnszit;p't tp?+pCg ,tp, .,31,IiL) infringes upon any patent,
copyright or trade secret of any third party ("'Infringement Clain"), CffRIX shall defend, or at its option, settle,
such Infringement Claim, and shall pay all costs (including reasonable attorney's tees)associated with the defense
of such Infringement Claim,and all dannag�es finally awarded or settlements undertaken by CITRIX in resolution of '
such Infi'ingement Claim,provided your. (i)promptly notify CITRIX in writing of your notification or discovery of
an Infringement Claim such that CITRIX is not prejudiced by any delay in such notification; (ii)give CFFM sole
control over the defense or settlement of the Infringement Claim; and (iii) provide reasonable assistance in the
defense of the same, Following notice of an Infringement Claim, or if CITRIX believes such a claim is likely,
CITRIX may at its sole expense and option: (i)procure for you the right to continue to use the alleged infringing
PRODUCT, experimental feature or consulting deliverable; (n) replace or modify the PRODUCT; experimentat
feature of consulting deliverable to make it non-inflinging; or (iii) accept return of the PRODUCT, experimeutul
feature or consulting deliverable and, for the PRODUCT, provide you with a prorated refund for the PRODUCT,
using a three (3)year straight line depreciation basis for the PRODUCT, or, for the consulting deliverable, refund
payments made for the deliverable. CITRIX assumes no liability, and shall have no liability, for any Iufiingenrent
Claims or allegations of infringement based one (i) your use of any PRODUCT, experimental feature or consulting p
deliverable after notice that you should cease use of such PRODUCT,experimental feature or consulting deliverable
due In an Infringement Claim; (ii) any modification of the PRODUCT, experimental feature or consulting
deliverable by you or at your direction;(iii)your combination of the PRODUCT, experimental feature or consulting
deliverable with non-CITRIX hardware, software, services, data or other content or materials if such Infringement
Claim would have been avoided by the use of the PRODUCT, experimental feature at consulting deliverable alone.
THE FOREGOING STATES YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT
CLAINI OR ALLEGATION OF INFRINGEMENT.
5, LIMITED WARRANTY AND DISCLAEVIPR.CITRIX warrants that for a period of ninety(90)days from delivery
of the Licensc Keys, the software in a software or appliance PRODUCT will perform substantially in accordance
with the PRODUCT's docmnentation published by CITRIX and included with the PRODUCT. Citrix warrants that
for a period of one(1)year from delivery of the License Keys,the hardware in an appliance PRODUCT, will be flee
from defects in material and workmanship in normal use. This hardware, warranty dues not Cover any of the
following: (1) improper installation, maintenance, adjustment,repair or modification by Customer or a third party;
(2) misuse, neglect, or any other cause other thin ordinary use, including without limitation, accidents or acts of
I
God; (3) improper environment, excessive or inadequate heating or air conditioning, electrical power failures,
surges,other irregularities or water damage;(4)third party software or soltwarc drivers;or(5)damage to hardware
during shipment of an appliance PRODUCT. CITRIX and its licensors' and suppliers' (-SUPPLIERS"') entire
liability and your exclusive remedy under this software or hardware warranty(which is subject to your return of the
PRODUCT to CITRIX or an authorized reseller)will be,at the sole option of CITRIX and subject to applicable law,
to replace the PRODUCT or to refund the purchase price and terminate your license to any software on the
PRODUCT. CITRIX will provide MAINTENANCE (including technical support and consulting services if
purchased)in a professional and workmanlike namner,but CITRIX cannot guarantee that every question or problem
raised by you will be resolved or resolved in a certain amount of time.Citrix does not warrant in any fom the results
or achievements of the PRODUCT, techruaal support, consulting services or related deliverables. With respect to
technical support, CFFRLX' and its SUPPLIERS' entire liability and your exclusive remedy under this warranty is
re-performance of the services. With respect to consulting services, CITRIX' and its SUPPLIERS' entire liability
and your exclusive remedy under this wan auty is re-performance of the services or,if re-performance is not possible
or conforming,refund of amounts paid for the non-conforming services.
TO THE EXTENT PERIVIITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED
WARRANTY, CITRIX AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR
CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE; AND CITRIX AND ITS SUPPLIERS
SPECIFICALLY DISCLAIM WITH. RESPECT TO THE PRODUCT, ANY EXPBRIM INTAL FEATURES,
MAINTENANCE AND ANY OTHER SOFTWARE OR SERVICE DFLIVERED IIEIWJNDER, ANY
CONDITIONS OF QUALITY, AVAILABILITY,RELIABILITY,SECURITY, LACK OF VIRUSES,BUGS, OR
ERRORS, AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF 'TITLE, QUIET ENJOYMLNI', QUIET POSSESSION, MF,RCHANT.AB=Y, NONINPRLNGBMENT, OR
FLTNF"SS FOR A PARTICULAR PURPOSE. THE PRODUCT AND MAINENANCE ARE NOT DESIGNED,
MANUFACTURED, DELIVERED OR INTENDED FOR ANY USE WHERE FAILURE COULD LEAD
DIRECTLY TO DEATH,PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
YOU ASSUME RESPONSIBILITY FOR THEIR SELECTION TO ACHIEVE YOUR INTENDED RESULTS,
AND FOR THEIR INSTALLATION,USE,AND RESULTS OBTADMI) 'HBRF"FROM.
6. EXPORT RESTRICTION. You agree that you will not export, re-export, or import the PRODUCT,
MAINTENANCE or any other software or setvice delivered hereunder in any form without the appropriate u
government licenses. You understaud that under no circumstances may the PRODUCT, NUI INTCNANCE or any
other sofhvare or service delivered hereunder be exported to any country subject to U.S. embargo or to
U.S.-designated denied persons or prohibited entities or U.S.specially designated nationals.
7. L1MIIA'[ION OF LIABILITY. EXCEPT FOR CITRIX' INDEMNIFICATION OBLIGATIONS EXPRESSLY
SET FORTH IN SECTION 4, AND TO THL E!CFENT PER M-11'TE.D BY APPLICABLE LAW, YOU AGREE
THAT NEITHER CITRIX NOR ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS SHALL �
BE LIABLE FOR ANY LOSS OF DATA OR.PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR
PROFITS, COST OF RECOVERY, LOSS, HOWEVER CAUSED AND ON ANY 'THEORY OF LIABILITY,
ARISING FROM YOUR USE OF THE PRODUCT,EXPERIMENTAL FEATURES, MAINTENANCE OR ANY
OTHER SOFTWARE OR SERVICE DELIVERED ITERFUNDER, OR DAMAGE ARISTNG FROM YOUR USE
OF TEIRD PARTY PRODUCTS OR HARDWARE, OR .ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES ARISING OUT OF OR.IN CONNECTION WITH TINS AGREEMENT,OR YOUR
EXPORTATION, REEXPORTATION, OR IMPORTATION OF ANY OR ALL OF THE SAME. THIS
LIMITATION WILL APPLY I!Vk'.N IF CITRIX, ITS AFFILIATES, SUPPLMRS, OR AUTHORIZED
DISTRIBUTORS HAVE BEEN ADVISED OF TEE POSSIBH,ITY OF SUCH DAMAGES, AND THESE
LIMITATIONS WILL APPLY NOTWI'ITIS'TANDING ANY FAILURE OF ESSENLLAL PURPOSE OF' ANY
LIMITED REMEDY PROVIDED HEREIN. EXCEPT FOR CITRIX' INDEMNIFICATION OBLIGATIONS
EXPRESSLY SE:1' FORTH IN SECTION 4 (UNLESS NOTED AT
Jrr,Py/fv. w4wTjlfttv.conv7ain,lpgp rpgtllpljlhltn }, AND TO TIP EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL THE TOTAL. AGGREGATE LIABILITY OF CITRIX, ITS AFFILIATES,
SUPPLIERS, OR AUTHORIZED DISTRTBUTORS EXCEED TIIF. AMOUNT PAID POR THE PRODUCT,
EXPERIMENTAL FEATURES, MAINTENANCE TERM, CONSULTING DELIVERABLE OR ANY OTHER
SOFTWARE, OR SERVICE DELIVERED HEREUNDER AT ISSUE_ YOU ACXNOWLEDCE THAT T11B
I
i
PRODUCT AND MAINTENANCE FEES REFLECT THESE ALLOCATIONS OF RISK, SOME
JURISDICTIONS DO NOT ALLOW THE,'LEvIITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE.ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. For purposes of this AGREEMENT, the term "AFFILIATE" shall mean any entity that controls, is under
common control with, or is controlled by CTTRIX, where "control" means the ownership, direct or indirect, of a
majority of CITRIX' stuck or other interest entitled allowing the owner to direct the affairs of CITRIX.
AFFILIATES, suppliers, and authorized distributors are intended to be third patty beneficiaries of this
AGREEMENT_
8. TERMINATION AND SURVIVAL. This AGREEMENT is effective until terminated. You may terminate this
AClR11b;MC^NT" at any time by removing the software of your so(twarc PRODU(71(s) from your computers and
destroying all copies, and by removing the software of your appliance 'PRODUCF(s) front the hardware, And than
providing written notice Ito CI'I RJX with the serial numbers of your License Keys. CITRIX may termiemle this i
AGREIiMEN'f at any time for your breach of this AGREEMENT. Unauthorized copying of the software in a
software or appliance PRODUCT or the Documentation or otherwise failing to comply with the license grant or
restrictions of this AGREEMENT will result in automatic termination of this AGREEMENT and will make
available to CITRIX all other legal remedies. You agree and acknowledge that your material breach of this
AGREEMENT shall cause CITRIX irreparable harm for which monetary damages alone would be inadequate and
that, to the extent permitted by applicable law, CITRIX shall be entitled to injunctive or equitable relief without the
need for posting a bond. Upon termination of this AGREENTENT, the PRODUCT licenses granted hereunder will
terminate and you must immediately destroy the software in a software or appliance PRODUCT and the
Documentation, anti all backup copies thorcef. Any termination of consulting services is subject to the applicable
scope definition, and you shall pay for services provided prior to the termination- All purchases are final with no
right ofrown), and neither CIIUIX nor any rascller or distributor will be obligated to pay, nor wilt you be duc, any
rclund of amounts paid by you,other than under the Limited Warranty or Ied'ringeruent Indemnification terms of this
AGREEMENT. Those provisions of this AGREEMENT which are intended by the parties to survive shall survive
termination ofthis AGREEMENT, including without limitation,the Limitation of Liability terms.
9. U.S.GOVERNMENT END-USERS.Ifyou are a U.S.Government agency,you hereby acknowledge and agree that
the software in a software or appliance PRODUCT constitutes "Commercial Computer Software" as defined in
Section 2.101 of the Federal Acquisition Regulation("FAR'),48 CFR 2.101. Therefore, in accordance with Section
12.212 of the FAR(48 CFR 12.212), and Sections 227.7202-1 and 227.7202-3 of the Def❑nse Feders]Acquisition
Regulation Supplement C'DFARS") (48 CFR 227.7202-1 and 227,7202-3), the use, duplication, and disclosure of
the software and related Documentation by the U.S. Government or any of its agencies is governed by, and is
subject to, all of the terms, conditions, restrictions, and limitations set forth in this standard commercial license
AGREEMENT. If, for any reason, FAR 12 212 or DEARS 227.7202-1 or 227.7202-3 or those license terms are
deemed not applicable, you botchy acknowledge that the Government's right to use, duplicate, or disclose the
software and related Documentation are"Restricted Rights"as defined in 48 CFR Section 52.227-14(a)(May 2014)
or DEARS 252.22.7-7014(n)(15)(Feb 2014), as applicable.Manufacturer is Chux Systems,Inc., 851 West Cypress
Creek Road,Fort Lauderdale,Florida 33309.
10. AUTHORIZED DISTRIBUTORS AND RESELLERS. CITRIX authorized distributors audresellers do nothave the
right to make modifications to this AGPFJUYMNT or to make any additional representations, commitments, or
warranties binding on CITRIX.
11. CHOICE OF LAW AND VENUE.The location of your providing entity will determine the choice of law and venue
as identified at @1;bs rvrw,, ifrrk.com/2su.�'pglge i�,tnuy,i�?rx,},,c`'nryyitj;3s,;�„Ltuyyl; If any provision of this
AGREEMENT is invalid or unenforceable under applicable law, it shall be to that extent deemed omitted and the
remaining provisions will continue in full force and effect. To the extent a.provision is deemed omitted, the parties
agree to comply with the remainng terms of this AGREEMENT in a manner consistent with the original intent of
the AGREEMENT.No waiver is effective unless signed by the party to be bound.
12, ASSIGNMENT AND SUBCONTRACT-NG.Neither party hereto may assign this AGREEMENT, or any rights or
obligations under it except as permitted by law or as act forth below, without the prior written consent of the other
party, unless assigned to a successor In. interest, or pursuant to a merger, corporate reorganization, or a sale or
transfer of all or substantially all of the party's assets. You shall provide notice to CITRIX upon completion of any
permitted assignment. In addition, you may assign this AGREEMENT to a majority-owned affiliate, and CITRIX
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may assign this AGREEMENT,or any rights or obligations under it to any AFFILIATE or any thud party acquiring
or otherwise assuming part of the business of CITM or any of its AFFILIATES. Subject to this restriction, this
AGREEMENT will be binding upon and inure to the benefit of the.parties hereto, their successors and assigns.
CITRIX may use subcontractors to provide services to you under this AGREEMENT, but CITRIX shall remain
responsible to you for the pert'omuince of the services.
13. HOW TO CONTACT CITRIX. Should you have any questions concerning this AGREEMENT or want to contact
CTTRIX for any reason, write to CITRIX Customer Service at the address identified at
hct}ne:�✓tt�wfxwuutw_aolt�I>yr,yufay,�ke`ytg,tfti.g43ay«v,tlntl, trtitizs.hhnl.
14. TRADEMARKS, This AGREEMENT does not grant you the right to use any CITRIX trade or service mark, For
information about proper permitted usage of CITRIX trademarks please see:
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CITRIX Invoice
Tota I Cost:
-1 Sub Total: 11,300.00 USD
S
Freight: 0.00 USD
Billing Address CANNED Tax Amount: 1,130.00 USD
City of Kent jojgj USD: 12,430.00 USD ,
Attn :Accounts Payable AUG 2 12018
220 4TH Avenue S
Kent,
ent, WA 98032-5895
USA FINANCE - A/P
u -
f'A V MTV!,
Invoice Date: August
91913504 Sold To Customer No: 13054989
A ugust 10,2018 Customer PO: 147207 OP
Due Date:te' 'eptember 09,2018 Sales Order: 2488765
Payment
,ay m ent terms: NET 30 Days Reference Invoice:
Currency: USD Reward Registration Id:
Ship Via: UPS Ground-526-971 Quote Id: Q-00273141
pt"
1'A,4"rQ I '�V" o"MM,11 '40 mo" Te';�'m
City of Kent Information Technology
400 West Gowe St,Suite 122
Kent, WA 98032
USA
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Citrix Systems Inc. Please make payable to Citrix Systems,Inc.
P 0 Box 931686 and Indicate customer number and invoice
Atlanta,GA 31193-1686 number on payment,Payable In US funds
Electronic payments(ACH)
ABA new: 121000248
ABA(CDA):061209756
Account#:2090003163088
SWIFT:WFBI(1S6S
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851 W Cypress Creek Rd,Fort Lauderdale,FL 33309,PH(954)26 7-3000
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Sub Total: 11,300.00 USD
Freight: 0.00 USD
Tax Amount: 1,130.00 USD
Total USQ-1 12,430.00 USD
Otrix Systems,Inc.
851 W Cypress Creek Rd, Fort Lauderdale, FL 33309,PH (954)267-3000