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Service Master Subscription Agreement - NEC Corp of America - AFIS Annual Maintenance and WideNet Annual Subscription Fee
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Service Master Subscription Agreement - NEC Corp of America - AFIS Annual Maintenance and WideNet Annual Subscription Fee
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4/2/2025 10:07:30 AM
Creation date
8/15/2018 11:27:15 AM
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Board of Public Works
Document Type
Contracts
Document Date
8/14/2018
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Customer agrees to receive electronic notices from us, which will be sent by email <br />to the account administrator(s) named for your Subscription. Notices are effective on <br />the date on the return receipt or, for email, when sent. You are responsible for <br />ensuring that the email address for the account administrator(s) named for your <br />Subscription is accurate and current. Any email notice that we send to that email <br />address will be effective when sent, whether or not Customer actually receives the <br />email. <br />b. Assignment. Customer may not assign this agreement either in whole or in part. <br />Microsoft may transfer this agreement without Customer's consent, but only to one <br />of Microsoft's Affiliates. Any prohibited assignment is void. <br />c. Severability. If any part of this agreement is held unenforceable, the rest remains in <br />full force and effect. <br />d. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver. <br />e. No agency. This agreement does not create an agency, partnership, or joint venture. <br />f. No third -party beneficiaries. There are no third -party beneficiaries to this agreement. <br />g. Use of contractors. Microsoft may use contractors to perform services, but will be <br />responsible for their performance, subject to the terms of this agreement. <br />h. Microsoft as an independent contractor. The parties are independent contractors. <br />Customer and Microsoft each may develop products independently without using <br />the other's confidential information. <br />i. Agreement not exclusive. Customer is free to enter into agreements to license, use <br />or promote non -Microsoft products or services. <br />Entire agreement. This agreement is the entire agreement concerning its subject <br />matter and supersedes any prior or concurrent communications. In the case of a <br />conflict between any documents in this agreement that is not expressly resolved in <br />those documents, their terms will control in the following order of descending <br />priority: (1) this agreement, (2) the Product Terms, (3) the Online Services Terms, <br />and (4) any other documents in this agreement. <br />k. Survival. All provisions survive termination of this agreement except that requiring <br />performance only during the term of the agreement. <br />1. U.S. export jurisdiction. Products are subject to U.S. export jurisdiction. Customer <br />must comply with all applicable international and national laws, including the U.S. <br />Export Administration Regulations, the International Traffic in Arms Regulations, <br />and end -user, end -use and destination restrictions issued by U.S. and other <br />governments related to Microsoft products, services, and technologies. <br />9 <br />vII2220I7 <br />
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