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Home My WebLink About32006LexisNexisQ AGREEMENT NO. 15-063 Q Lexls Advance® Subscription Agreement for StateiLocal Government (New Subscriber Version) "Subscriber" Name: Fresno County District Attorney's Office Account Number: 10000XXJ4 "LN": LexisNexis, a division of Reed Elsevier Inc. 1. Subscription Agreement LexlsNexis, a division of Reed ElseiAer Inc. ("LN") grants Subscriber a non-exclusive, non-transferable limited license to access and use Lexis Advance® and the materials available therein ("Materials") pursuant to terms set forth In the LexlsNexls General Terms and Conditions ("General Terms") and the pricing set forth in the Price Schedule rPrice Schedule") (the General Terms together with the Price Schedule is collectively referred to as the "Subscription Agreement"), both of which are incorporated herein by reference. Subscriber may View and print the Subscription Agreement at: http://www.lexisnexis.com/terms/LACommercial2. 2. Certification 2.1 SUbscriber certifies that the number of government professionals in Subscriber's organization .Is as set forth belOVo!. A "Government Professional User'' Is defll1ed as an attomey, judge, librarian, researcher, Investigator or ooalyst who Is employed by the Subscriber. 1 Number of Government Professional Users: 2.2 A "St.WOrt Staff User" Is defned as a person who supports the Government Professional User, inckJdng, but not limited to: paralegals, interns, legal secretaries or ether administrative support members. Up to 3 ID's may be issued to support staff fOr each Govemment Professional User accounted for above. I Number of Support Stall Users: IX 2oo 2.3 Each LN ID must be issued for individual use by the Goverrrnent Professional user or Support Staff User. 2.4 If Subscriber, at the time of signing this .Agreement has 11 or more Government Professional Users, then Subscriber is required to notify LN if the number of Govemment Professional Users falls below 11 . Subscriber shall, \Nithin 30 days of the staffing change, notify LN in writing. 2.5 Subscriber acknowledges that the pricing and menus provided to Subscriber in this Agreement depend in part on the number of Government Professional Users in Subscriber's organization. Subscriber certifies that as of the date SUbscriber signs this Agreement there are the number of Government Professional Users in Subscriber's orgmlzatlon (the "Reference Nurrber") as Subscriber has specified above. (i) At LN's request from time to t ime, Subscriber will certify in writing the then-current Reference Number. (II) If there is a change in the Reference Number during the Term, LN may, in its sole discretion on at least 30 days prior written notice to Subscriber, increase or decrease the Monthly Commitment by an amount that does not exceed, on a percentage basis, the change in the Reference Number. 3. Lexls Advance Product and Charges 3 .1 This Section 3 amends the Subscription Agreement with respect to the Lexis Advance prodt..d offering described below. The term of Subscriber's commitment for the Lexis ·Advance product offering will begin upon the date Subscriber's blllil'ld account ("Account Number") Is activated C'Actlvatlon") and will continue for the last period set forth In Section 3.2 belOVo! (the "Committed Term"). Subscriber may not terminate this .A{Jreement under Section 5.2 of the General Terms duling the Corrmitted Term. In edditlon, Subscriber may terminate this Agreement during the Committed Term for a material breach by LN that remains uncured for more than 30 days after LN receives written notice from Subscriber Identifying a specific breach. If Subscnber terminates this reement rsuant to this Section, then Subscriber Will ay all cha es incurred u to the NO: StGcM-Leld&Adli811C•R3.S.SubAgt-Oc:t2014 10*4825-4069-3561 0 2.014 lllldsNelds. loA rigiU I'Herved. Page 1 ar6 date of termination. Upon the expiration of the Committed Term, all access to and use of Lexis Advance by Subscriber will be billed in accordance with the applicable then-current Price Schedule . ... ·· ->\:'L ~:: ~-;·:. '··' ·.> .. < ' ;,"''' .. .Lexls-Advance Conten(&c feature·~ ;, ,. '.:<_,:;. .2 ..• -:;-... .. .. ·.+ ,.u ... ·~~ -.. Product SKU Number . Number of Users National Primary Enhanced 1011511 114 CA Criminal Practice Analytical 1011196 114 All Witkin Library 1011517 114 CA Briefs Pleadings Motions 1010064 114 CA Jurv Instructions 1011402 114 0 See attached Rider No. 1 for additional Content & Featlres 3.2 In exchange for access to the Lexis Advance Content, Feature and/or Service set forth in Section 3 .1 Subscriber will pay to LN the following amount (the ·Monthly Commitment") during the periods set forth be low . • /_ ~ '\~ .:: ·. :..'' ;t " . -.. ;, • :: ;:· coiTnnlti9ci Term ,.: '.' Activation-2/28!2015 $0 3/1/2015-2!29!2016 $2,622 3/1/2016 -2!28/2017 $2,700.66 3/1/2017-2!29!2018 $2781 .68 .• above, 3 .3 During the Term, LN may make content and features available to Subscriber that are not included in the Lexis Advance Content described above which will be offered to Subscriber at an additional charge ("Alternate Materials"). Subscriber will be under no obfigation to access and use the Alternate Materials, or to incur additional fees beyond the Monthly Installment If Subscriber elects to access the Alternate Materials by initial ing below, Subscriber will be notified that additimal charges will apply before the Alternate Materials is displayed. If Subscriber proceeds to access the Alternate Materials, Subscriber will pay the then current. transactional charge(s) for the Alternate Materials that is displayed at the time of access. Subscriber elects access to the Alternate Materials \1lfllllr 3.4 Use of Lexis Advance under this Agreement is available to Subscriber and its Authorized Users (defined in the General Terms). 3.5 LN may temporarily suspend access to Lexis Advance until all unpaid amounts are paid in full No claims directly or indirectly related to this Agreement with respect to amounts billed or payments made under this Agreement may be initiated by Subscriber more than 6 months after such amounts were first billed to Subscriber. 4. Closed Offer The prices and other terms are subject to change if Subscriber has not submitted a signed original or copy on or before 112812015. 6. Confidential Information Suqect to any state open records or freedom of information statutes, this Agreement contains coofidential pricing information of LN. Subscriber understands that disclosure of the pricing information contained herein could cause competitive harm to LN, and will receive and maintain this Agreement in trust and confidence and take reasonable precautions against such disclosure to any third person. This Section 5 will survive the termination or expiration of this Agreement. NO : SLGOYt·LelCisAdvane&-R3.5-SubAgt-Oct2014 10# 4825-4089-3551 Q 2014 LexisNexis. All rights reserw!d. Page 2of5 6. Support and Training During the Tenn, Subscnber, with the support of LN, agrees to encourage the effective use of Lexis Advance through: (a) Mandatory basic training in the use of Lexis Advance by LN for all Authorized Users; ____ S~) Meanill~IJ>~rtil::_ip(!~i_on. irl additional ongoing programs presented by LN to update and train Authorized Users ; (c) Authorize the periodic d istribution of memoS or other communicatiOns by LN and/or Subscriber to Authorized Users; and (d) The periodic review with LN of Subscriber's Authorized User's use of materials and training under this Ag reement 7. Miscellaneous This Agreement does not bind either party until it has been accepted by both parties. SubScriber may accept this Agreement by signing below. LN will accept this Agreement by providing Subscriber with access to Lexis Advance or by signing below. LEXISNEXIS WILL NOT ACCEPT ANY CHANGES, CORRECTIONS OR ADDITIONS TO THIS AGREEMENT UNLESS SUCH CHANGES ARE EXPRESSLY ACCEPTED BY LN IN WRITING. SUCH CHANGES WILL HAVE NO LEGAL EFFECT. AGREED TO AND ACCEPTED BY: Subscribe.-: Fresno County District Attorney's Office (MUST BE COMPLETED BY SUBSCRIBER] Authorized Subscriber Signature: ~· Printed Name: )(:: ~~==~~~~~~~~=o==~----~~----------------~ Job Title: ~--~ / ~~~~~h~a~i~r~ma~n~~~~~~~~~~~~~--------------~ Date :~ 6f#_, LexisNexis, a division of Reed Elsevier Inc. Authorized Signature: ATTEST : BERNICE E. SEIDEL , Clerk Board of Supervisors By _S,. l SQ. ~ ~~Q-{J Deputy Name: Job Title: Date: ----------~~~~----------------------------------~ NO : SLGovt-Lal!RAdvane~R3.5-SubAgt·Od2014 101J41J25.4D68-3551 @ 2014 lexisNexi>. AI rights reserved. Page 3 ofS CUSTOMER INFORMATION (Please type or print): Organization Name: Fresno County District Attorney's Office (Full Leaal Name) (Billing Frequency: 0Month1Y .. 0 Annually ::· .... Physical Address Invoice Address Street Address: 2220 Tulare st., Suite 1000 City: Fresno State: CA Zip: 93721 County: Fresno Telephone: (559) 600-3141 Fax: Parent Company: fif anolicable} Type of Organization: D legislative D Judicial D Executive Professional User: 114 Practicing Area of Law: Support Staff: Employer Identification Number. BarNo: Issuing State : Date Issued/Expiration Date: Organization Web Address: Tax Exempt D Yes (attach Sales Tax Exemption Certificate) MSA: 0 Yes D No Tax IDNo: Contacts: Installation: Billing: Policy/Legal Notification: SchedulingfTraining: Super Admin: Name Rosalyn Bennett Stephen Rusconi Name Rosalyn Bennett Email rbennett@co.fresno.ca .us State Contract No: (If applicable) PO No: (If applicable) Telephone Email 559.600.4463 rbennett@co.fresno.ca.us 559.600.4447 srusconi@co.fresno.ca .us Telephone 559.600.4463 IPAddress .... . NO : SLGovt-laiCisAdvanc•R3.S-SubAgt-Od2014 10# 4825-4068-3551 Q 2014 LexlsNexis. AD rig his reserved. Page4 of5 I CUSTOMER 10 INFORMATION (Please type or print) 10 HOLDERS' NAMES IDHOLDERS' 10 HOLDERS' EMAlL ADDRESSES LOCATION/ADDRESS (additional stteet attached ~-TITLES/POSITIONS .. ...... ..... ... .. ..... .................. NO : SLGavt-Lex!sAdvance-R3.5-SubAgt-Oct2014 lOll 48254088-3551 @ 2014 LexisNexis .. All rights resen~ed. PageS ofS