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2023-130 Resolution
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2023-130 Resolution
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11/10/2023 7:28:01 AM
Creation date
11/10/2023 7:17:25 AM
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North Olmsted Legislation
Legislation Number
2023-130
Legislation Date
11/8/2023
Year
2023
Legislation Title
PDQ.com Contract
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"Third Party" means any Person other than Customer or Company. <br />"TPS" means any and all Third Party software and documentation that <br />Company provides or makes available to Customer through the Software or the SaaS <br />System. TPS does not include any software, documentation, improvements, support <br />services, or any other products or services of Company. <br />"Usage Data" has the meaning set forth in Section 12. <br />2. License Grant and Scone. If the Purchase Order identifies PDQ Deploy, PDQ <br />Inventory, and/or SmartDeploy, subject to and conditioned upon Customer's payment of the Fees <br />and Customer's strict compliance with all terms and conditions set forth in this Agreement, <br />Company hereby grants to Customer a non-exclusive, non-transfemble, non-sublicensable, <br />limited license during the Term to use the Software, solely as set forth in this Section 2 and <br />subject to all conditions and limitations set forth in this Section, Section 7, and elsewhere in this <br />Agreement. <br />(a) If the Purchase Order identifies PDQ Deploy and/or PDQ Inventory <br />Software, this license grants Customer the right to download, install, access, and use, by <br />the specific number of individual Administrators specified in the Purchase Order, the <br />Software for Customer's internal business purposes only. Unless Company has granted <br />Customer an Enterprise SL License, the Software is licensed to Customer on a per - <br />Administrator basis only, with the PDQ Deploy Software and PDQ Inventory Software <br />each requiring its own separate license for each Administrator. <br />(i) Each Administrator that Customer selects to use the Software (up <br />to the number of individual Administrators specified in the Purchase Order) may <br />install, access, and use the Software on m many computers of Customer as <br />reasonably necessary for the Administrator to perform the Administrator's duties. <br />For example, each licensed Administrator may install multiple "consoles" of the <br />Software. <br />(ii) No Floating Licenses. The licenses to the Software granted to <br />Customer are not for seats or floating licenses. Only Administrators selected by <br />Customer (up to the number of individual Administrators specified in the <br />Purchase Order) may access or use the Software. In other words, individuals <br />associated with Customer's organization whom Customer has not selected as <br />Administrators may not access or use the Software, even if they are accessing or <br />using the Software at different times on the same computer. Customer may <br />change which individuals Customer selects as Administrators. For example, when <br />a selected Administrator leaves or otherwise ceases to be associated with <br />Customer's organization, Customer may select a replacement Administrator of <br />Customer, provided that Customer ensures that all Software is removed from any <br />and all computers and other devices retained by the previous Administrator, and <br />provided that Customer gives Company immediate written notice of such <br />reassignment. <br />
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