HomeMy WebLinkAbout23385LrXIS..NEXIS SUBSCRIPTI<.AGREEMENT AND ORDER FC ,J!
ST A TE/LOCAL GOVERNMENT PER SEARCH PRICING
EFFECTIVE OCTOBER 1,1999
\I~!tq~Q
You may subscribe to the Online Services by agreeing to abide by
the General Terms and Conditions and the Price Schedule
attached hereto and incorporated herein,as Exhibits A and B,
respectively.The General Terms and Conditions and the
Additional Terms represent the entire agreement for access to and
use of the Online Services.The General Terms and Conditions
are also set forth in the online TERMS library.In the event of a
conflict or variation between the General Terms and Conditions
attached hereto and those appearing in the TERMS library,the
latter shall control.Your subscription is subject to acceptance by
LEXIS-NEXIS,which acceptance shall be evidenced by issuing
one or more identification numbers to access the Online Services.
BY:
NAME:
TITLE:
DATE:
CUSTOMER INFORMATION (Please type or print):
1.
2.
Organization Name:iresno County Computer Services Department
Address:1821 Fulton
Fresno,CA 93721
3.
5.
County:Fresno 4.Country:US
(559)455-5334TelephoneNumber:(559)455-5042 6.Telecopier Number:
7.
8.
Invoice Address (if different than 2)1821 Fulton.Fresno.CA 93721
Name of Contact and Telephone Number for the following:
Installation:Richard Wilson
Policy/Legal Notification:
SchedulinglTraining:
Gary Osmondson
Richard Wilson
494-3Ttg
494-3114
494-3114
494-3114
Billing:Richard Wilson /Jeff Fleenor
Customer I.D.Information (Please type or print)
ID Holders'Names ID Holders'Titles/Positions I[)No.(LN to fill in)
(additional sheet attachedD)
EXHIBFr A TO LEXIS-NEXIS S iSCRIPTION AGREEMENT
General Terms and Conditions
State/Local Government Per Search Pricing
October 1,1999
The following terms and conditions govern your use of the LEXIS-NEXISservices (the "Online Services")and the materials
available therein ("Materials"):
1.LICENSE;RESTRICTIONS ON USE
1.1 You are granted a nonexclusive,nontransferable,
limited license to access and use for research purposes the
Online Services and Materials from time to time made
available to you.This license includes:
(a)The right to electronically display Materials retrieved
from the Online Services to no more than one person at a
time,subject to the Supplemental Terms for Specific
Materials;
(b)The right to obtain a printout of Materials via printing
commands of the Online Services and to create a single
printout of Materials downloaded via downloading
commands of the Online Services (collectively,"Authorized
Printouts");
(c)With respect to Materials that are court cases,court
rules,court briefs,agency-issued documents,agency
regulations or executive branch materials from the United
States,its states or territories (collectively,"Authorized
Legal Materials"),the right to retrieve via downloading
commands of the Online Services and store in machine-
readable form,primarily for one person's exclusive use,a
single copy of insubstantial portions of those Materials
included in any individual file to the extent the storage of
those Materials is not further limited or prohibited by the
Supplemental Terms for Specific Materials;
(d)With respect to Materials that are United States patents
("Authorized Patent Materials"),the right to retrieve via
downloading commands of the Online Services and store in
machine-readable form,primarily for one person's exclusive
use,a single copy of not more than 200 patents at anyone
time;and
(e)With respect to all Materials other than Authorized
Legal Materials and Authorized Patent Materials,the right
to retrieve via downloading commands of the Online
Services and store in machine-readable form for no more
than 90 days,primarily for one person's exclusive use,a
single copy of insubstantial portions of those Materials
included in any individual file to the extent the storage of
those Materials is not further limited or prohibited by the
Supplemental Terms for Specific Materials.
1.2 To the extent permitted by applicable copyright law and
not further limited or prohibited by the Supplemental Terms
for Specific Materials,you may make copies of Authorized
Printouts and distribute Authorized Printouts and copies.
1.3 Except as specifically provided in Sections 1.1 and 1.2,
you are prohibited from downloading,storing,reproducing,
transmitting,displaying,copying,distributing,or using
Materials retrieved from the Online Services.You may not
print or download Materials without using the printing or
downloading commands of the Online Services.
1.4 All right,title,and interest (including all copyrights and
other intellectual property rights)in the Online Services and
Materials (in both print and machine-readable forms)belong
to the provider of the Online Services or its third party
suppliers of materials.You acquire no proprietary interest
in the Online Services,Materials,or copies thereof.
1.5 Except as specifically provided herein,you may not use
the Online Services or Materials retrieved from the Online
Services in any fashion that infringes the copyrights or
proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or
other notices contained in Materials retrieved from the
Online Services.
1.7 You may not use information included in the Online
Services or Materials retrieved from the Online Services to
determine a consumer's eligibility for (a)credit or insurance
for personal,family,or household purposes;(b)
employment;or (c)a government license or benefit.
1.8 Other provisions that govern your use of Materials are
set forth in your applicable price schedule,the
Supplemental Terms for Specific Materials,online
descriptions of files,online notices following file selection,
and individual documents retrieved from the Online
Services (collectively,the "Additional Terms"),all of which
are incorporated by reference into these General Terms
and Conditions.
2.ACCESS TO SERVICES
2.1 Only individuals authorized by the subscribing
organization may access and use the Online Services.
2.2 You may not use an identification number to access the
Online Services from outside the country for which it was
issued.
2.3 Your identification number(s)may be restricted from
accessing certain Materials otherwise available in the
Online Services.
2.4 Materials and features may be added to or withdrawn
from the Online Services and the Online Services otherwise
changed without notice.
3.LlMIT.ED WARRANTY
3.1 The provider of the Online Services represents and
warrants that it has the right and authority to make the
On~ne Services and Materials available pursuant to these
General Terms and Conditions.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION
3.1,THE ONLINE SERVICES AND MATERIALS ARE
PROVIDED ON AN "AS IS","AS AVAILABLE"BASIS AND
THE PROVIDER OF THE ONLINE SERVICES AND EACH
THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY
DISCLAIM ALL WARRANTIES,INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
4.LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below)shall not be liable
for any loss,injury,claim,liability,or damage of any kind
resulting in any way from (a)any errors in or omissions
from the Online Services or any Materials available or not
included therein,(b)the unavailability or interruption of the
Online Services or any features thereof or any Materials,(c)
your use of the Online Services or Materials (regardless of
whether you received any assistance from a Covered Party
in using the Online Services),(d)your use of any
equipment in connection with the Online Services,(e)the
content of Materials,or (f)any delay or failure in
performance beyond the reasonable control of a Covered
Party.
4.2 "Covered Party"means (a)the provider of the Online
Services,its affiliates,and any officer,director,employee,
subcontractor,agent,successor,or assign of the provider
of the Online Services or its affiliates;and (b)each third
party supplier of Materials,their affiliates,and any officer,
director,employee,subcontractor,agent,successor,or
assign of any third party supplier of Materials or any of their
affiliates.
4.3 THE AGGREGATE LIABILITY OF THE COVERED
PARTIES IN CONNECTION WITH ANY OTHER CLAIM
ARISING OUT OF OR RELATING TO THE ONLINE
SERVICES OR MATERIALS SHALL NOT EXCEED THE
AMOUNT OF YOUR ACTUAL DIRECT DAMAGES.YOUR
RIGHT TO MONETARY DAMAGES IN THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
YOU MAY HAVE AGAINST ANY COVERED PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE
FOR ANY SPECIAL,INDIRECT,INCIDENTAL,OR
CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING,WITHOUT LIMITATION,
ATTORNEYS'FEES)IN ANY WAY DUE TO,RESULTING
FROM,OR ARISING IN CONNECTION WITH THE
ONLINE SERVICES,MATERIALS,OR THE FAILURE OF
ANY COVERED PARTY TO PERFORM ITS
OBLIGATIONS,REGARDLESS OF ANY NEGLIGENCE
OF ANY COVERED PARTY.
5.MISCELLANL 5
5.1 These Generai Terms and Conditions,including the
Additional Terms,may be changed from time to time as
described below or by written agreement.Charges and
payment terms may be changed in accordance with your
applicable price schedule;all other provisions may be
changed by the provider of the Online Services immediately
upon notice.Your subscription for access to the Online
Services may be terminated immediately upon notice to the
provider of the Online Services if any change is
unacceptable.Continued use of the Online Services
following any change constitutes acceptance of the change.
5.2 The provider of the Online Services or the subscribing
organization may terminate the subscription for access to
the Online Services.The effective date of termination shall
be ten days after the receipt of an appropriate notice of
termination,unless a later date is specified in the notice.
The provider of the Online Services may suspend or
discontinue providing the Online Services to you without
notice and pursue any other remedy legally available to it if
you fail to comply with any of your obligations hereunder.
5.3 Except as otherwise provided herein,all notices and
other communications hereunder shall be in writing or
displayed electronically in the Online Services by the
provider thereof.Notices shall be deemed to have been
properly given on the date deposited in the U.S.mails,if
mailed;on the date first made available,if displayed in the
Online Services;or on the date received,if delivered in any
other manner.Notices to the provider of the Online
Services should be sent to your account representative.
5.4 The failure of the provider of the Online Services or any
third party supplier of Materials to enforce any provision
hereof shall not constitute or be construed as a waiver of
such provision or of the right to enforce it at a later time.
5.5 The subscribing organization or individual may not
assign its rights or delegate its duties under the subscription
to access the Online Services without the prior written
consent of the provider of the Online Services.
5.6 These General Terms and Conditions and the
Additional Terms shall be governed by and construed in
accordance with the laws of the State of Ohio.
5.7 Each third party supplier of Materials has the right to
assert and enforce these provisions directly on its own
behalf as a third party beneficiary.
END OF EXHIBIT A
EXHIB~TB TO LEXIS-NEXIS 5 ISCRIPTION AGREEMENT
Price Schedule
State/Local Government Per Search Pricing
October 1,1999
These charges are effective as of October 1,1999,and shall continue thereafter until the subscribing organization or
individual ("Subscriber")is notified otherwise.For more information about the pricing components,consult the Price
Definitions and Price List available in the Online Services under the administrative identification number 20B9ZWS,at no
cost to Subscriber for accessing or printing.
1.INFORMATION CHARGES
1.1 SEARCHES.Charges currently range from $0 to $35
per search.Consult the Price List available in the Online
Services for detailed search charges.
1.2 DISCOUNTS.The discounts set forth below shall be
applied to Subscriber's Information Charges for each
monthly invoice period.The discount shall be computed
monthly and shall be based on the average amount of
Information Charges incurred by Subscriber in the three
month period beginning four months before the month
Subscriber receives the discount.
Monthly Average Information Charges
From $0 up to $15,000
Over $15,000 up to $30,000
Over $30,000 up to $60,000
Over $60,000 up to $90,000
Over $90,000
Flat Discount
0%
2%
4%
8%
12%
1.3 ACCESS.Charges currently range from $0 to $29.
Consult the Price List available in the Online Services for
detailed access charges.
1.4 ECLIPSETMREPORTS.Charges for ECLIPSE report
searches are based on the frequency in which they are
executed.Reports are printed at applicable print rates.
Frequency Each Report
On Demand $4
Intra Day $6
Daily $14
Business Day (M-F)$18
Weekly $21
Monthly $27
1.5 RESEARCH TOOLS.
Each Case/Citation
$4.00/cite
$4.00/cite
$3.00/cite*
$3.00/cite/SHEPARD'S*
$4.00/cite/SHEPARD'S Jump
'Includes printing and downloading charges.
LEXSEE@ feature
LEXST A T@ feature
Auto-Cite@ service
SHEPARD'S Citation Service
1.6 REAL TIME AND HISTORIC STOCK QUOTES.
Real Time Stock Quotes
Market Statistics
Historic Price Quotes
HistoricDividendQuotes
*Includes printing and downloading charges.
Each Quote
$1.00
$1.00
$0.15*
$0.25*
1.7 PRINTING AND SAVING TO DISK.
Charges for printing and saving to disk are included in the
Per-Search rate.
1.8 IMAGES.
Charges for images will be as follows per image retrieved,
including print:
Trademark Registrations
Patent
Elsevier Environmental
Elsevier Business
LEXIS Legal Forms
Investext
EACH IMAGE
$0.00
$0.00
$3.00
$6.00
$7.50
$10.00
1.9 DUN&BRADSTREETREPORTS.Charges for Business
Information Reports will range from $79.00 to $570.30
depending on the user's location (e.g.USA,Canada,
etc.).Charges for other Dun &Bradstreet Reports will
range from $27.00 to $415.00 depending on the specific
report requested.Consult the Price list available in the
Online Services for detailed report charges.
2.HANDLING CHARGE.$15 for documents printed at
the LEXIS-NEXIScomputer center.
3.MONTHLY SUBSCRIPTION CHARGE.$75 per
building with equipment used to access the Online
Services (up to a maximum of $150 per Agency).
4.INSTRUCTION.Training is provide.,t no charge and
covers (a)the basic instruction of all individuals selected
by Subscriber to receive instruction in the use of the
Onnne Services and (b)standard instructional and
reference materials on the use of the Online Services.
Everyone who completes training shall receive one hour
of free use to perfect their skills.This free hour is non-
transferable and must be used within 14 calendar days of
the date on which basic instruction is completed,at a
single session or on an aggregated basis.Credit for free
use shall automatically be reflected on Subscriber's
monthly invoice and shall be applied against Subscriber's
total charges in a given month.
5.PAYBACKTMSERVICE CHARGE.Network Time and
Connect Time charges plus a charge of $150 per month
(includes overnight delivery charges)for optional
PAYBACK weekly and/or monthly magnetic tapes.
6.l0CAl TELEPHONE EQUIPMENT MANAGEMENT.
For each local telephone line to Subscriber's premises,
which is carried for the account of or billed to LEXIS-
NEXIS,Subscriber shall be charged $110 per month for
Local Telephone Equipment Management.If Subscriber
transfers such telephone line to its own name and
assumes payment of all telephone costs related to that
line,no Local Telephone Equipment Management charge
shall be assessed.(Criteria for installing computer-
provided communication switching network equipment in
connection with LEXIS-NEXIS Access Equipment
(defined below)shall be provided by Subscriber's LEXIS-
NEXIS account representative upon request.)If
Subscriber does not transfer such telephone line,
Subscriber shall be charged the Local Telephone
Equipment Management charge for each month or partial
month during which the telephone line is carried for the
account of or billed to LEXIS-NEXIS.
7.EQUIPMENT AND SOFTWARE CHARGES.
7.1 Subscriber may use its own equipment,or equipment
may be available from the provider of the Online Services
("Access Equipment").
7.2 The Access Equipment shall be maintained by the
provider of the Online Services at its then current
standard charges.Contact your account representative
for current charges.Subscriber may terminate rental of
any Access Equipment upon 10 days written notice.
Access Equipment must be returned to the provider of the
Online Services in the same condition in which it was
received,reasonable wear and tear excepted.
7.3 Subscriber all not permit any of its agents or
employees to attempt to move,modify,repair,or tamper
with any Access Equipment in any way,except that
Subscriber may install Access Equipment designated by
the provider of the Online Services as installable by
Subscriber.If Subscriber installs Access Equipment,
Subscriber shall do so in accordance with the applicable
instructions.Subscriber assumes all responsibility for any
personal injury or property damage,including damage to
Access Equipment,that occurs as a result of Subscriber's
installation of the Access Equipment.
7.4 Subscriber shall pay then current standard charges
for any software licensed by the provider of the Online
Services.Additional terms and conditions applicable to
the software are packaged with the software and
Subscriber agrees to promptly return the software if
Subscriber is not in agreement with these terms and
conditions.By using the software,Subscriber agrees to
be bound by the terms and conditions packaged with that
software.
8.TAXES.The charges detailed in this Price Schedule
are exclusive of any state or local sales,use,or similar
taxes.If any such taxes are applicable,they shall be
charged to Subscriber's account.If Subscriber is exempt
from any such taxes,the tax will not be charged to
Subscriber upon receipt of a certificate of exemption.
9.PAYMENT TERMS.All charges incurred by
Subscriber are payable within 30 days after receipt of an
invoice.Subscriber shall pay all charges in accordance
with any applicable "Prompt Payment Act"or similar
legislation.
10.CHANGES TO THE CHARGES AND PAYMENT
TERMS.Charges and payment terms may be changed
only upon 30 days prior notice to Subscriber.
11.COllECTION COST.Subscriber shall be liable for
all costs of collection incurred by the provider of the
Online Services,including without limitations,collection
agency fees,reasonable attorney's fees,and court costs,
if Subscriber fails to comply with the payment obligations
set forth herein.
12.MISCELLANEOUS.In the event Subscriber issues a
purchase order or other document relating to the Online
Services,Subscriber agrees that the document shall be
for Subscriber's internal purposes only and shall in no way
modify or affect any of the terms or conditions for access
to the Online Services.
END OF EXHIBIT B
LEXIS@.NEXIS@
m~
SUBSCRIPTION PLAN AMENDMENT
LEXIS-NEXIS ("LN")and COUNTYOF FRESNO
("Subscriber")agree to amend the Subscription Agreement (the "Agreement")between LN and Subscriber by adding to the
Agreement the following terms and conditions.
1.AUTHORIZED USERS
This Amendment relates only to the following Subscriber
billgroup numbers and locations (the "Participating
Billgroups"):
Only employees of the Participating Billgroups will be
entitled to access the menu(s)listed in Section 2.1.
2.PREFERRED PRICING MENU(S)AND MONTHLY
CHARGES
2.1 In exchange for Subscriber's payment of the following
annual amount to LN (the "Annual Payment"),Subscriber
will have access to the materials and use of the features
available in the menu(s)described below (the "Preferred
Pricing Menus").Access will be limited to the number of
simultaneous users (the "Simultaneous Users")indicated
below.
2.2 At no additional charge,Subscriber may do offline
printing,online printing and saving to disk of materials
retrieved from the Preferred Pricing Menus up to a
maximum of the following print dollars per month (the
"Print Cap").Print dollars are calculated at then current
print rates.Any unused portion of the Print Cap may not
be carried over to the next month:
2.3 In the event an expiration date is not provided in
Section(s)2.1 and/or 2.2,the Annual Payment and/or the
Print Cap for that Amendment Period will continue until
either party terminates this Amendment.LN reserves the
right to terminate this Amendment upon thirty (30)days
notice after the end of the last Amendment Period.
3.CLOSED OFFER
The offer of LN containedherein is valid until June 30.
2000.In order to implement the terms and conditions
contained herein by the first day of a calendar month,LN
must receive this signed Amendment by the 15th day of
the preceding month.
4.ADDITIONAL CHARGES
4.1 Subscriber will pay then current rates for offline
printing,online printing and saving to disk of materials
retrieved from the Preferred Pricing Menus in excess of
the Print Cap.
4.2 If more than the selected number of Simultaneous
Users for a Preferred Pricing Menu attempt to access that
menu at any given time,those additional users will
encounter a busy signal.If Subscriber so elects by
initialing below,or by notifying LN at a later date,
Subscriber may bypass the busy signal and access the
Preferred Pricing Menus at then current undiscounted
rates in addition to the Annual Payment.
SUBSCRIBER ELECTS THE BUSY SIGNAL BYPASS OPTION.
(initial)
I Customized Subscription Plan Amendment 19June2000
j OM/PRICINGAPPROVAL CMG-775FresnoCountv.doc
@ 1995,LEXIS-NEXIS,a division of Reed Elsevier Inc.All rights reserved.
Paae 1 of 2
BILLGROUP#LOCATION(CITYAND STATE)
TBD Fresno,CA
MENU NUMBER OF
MENU DESCRIPTION NUMBER SIMULTANEOUS
USERS
(a)All LeoaJ 230
'
(b)Western Regional News
(c)CA Assets &Deeds
(d)
(e)
AMENDMENTPERIOD ANNUALPAYMENT
Beginning 7/1/00 to 12/3 1/00 $29,050.00
Beginning 1/1/01 to 12/31/01 $69,720.00
Beginning to $
AMENDMENTPERIOD PRINTCAP
Beginning to $
Beginning to $
Beginning to $
4.3 Subscriber will have access to ,use of the LN
services and features not accessed through the Preferred
Pricing Menus (the "Alternate Pricing Menu")at then
current undiscounted rates in addition to the Annual
Payment.The Alternate Pricing Menu Number will be:
N/A.
5.CONFIDENTIAL INFORMATION
This Amendment contains confidential information of LN.
Subscriber understands that disclosure of the terms and
conditions contained herein could cause competitive harm
to LN,and will receive and maintain this Amendment in
trust and confidence and take reasonable precautions
against such disclosure to any third person.
6.CHANGE OF CIRCUMSTANCES
In the event of a change in Subscriber's organizational
structure including,but not limited to,mergers,
acquisitions and divestitures,resulting in a significant
change in the number of users of the Online Services
covered by this Amendment,Subscriber and LN will
negotiate in good faith to adjust the amounts payable
under this Amendment to reflect the change in
Subscriber's need for and use of the Online Services.
7.ADDITIONAL TERMS
7.1 Regardless of whether Subscriber was charged at
standard rates,use and charges relating to identification
numbers issued under the Participating Billgroups will not
be eligible for discounts or aggregated with use of or
charges for other non-participatingbillgroups.
7.2 For as long as this Amendment remains in effect,the
Monthly Subscription Charges otherwise payable by
Subscriber under the applicable Price Schedule will be
waived.
AGREED TO AND ACCEPTED BY:
BY:
NAME:
~(
:rl1 e#""O£1 m,10fe-f'""'
f fAr<-h "I !>i;;fI1lfn~a30-:J£1 oc
~&P.Co'V ?l'e4c.7 I\)6,.2 /00 /C(II ,
TITLE:
DATE:
7.3 Notwithstanc.anything to the contrary set forth in
the Agreement,the Agreement and this Amendment may
be terminated by Subscriber only on the first day of any
calendar month upon 60 days prior notice provided to LN,
except that this Amendment may be terminated by
Subscriber effective (a)as of the date of any increase in
the Annual Payment,other than an increase pursuant to
Section 2.1,provided LN has received at least 10 days
notice thereof from Subscriber prior to that date and (b)10
days after LN receives notice thereof from Subscriber in
the event LN discontinues any materials or features in the
Preferred Pricing Menus pursuant to Section 7.4 of this
Amendment.
7.4 LN may discontinue offering to Subscriber any of the
materials or features currently part of the Preferred Pricing
Menus.In that event,Subscriber may terminate this
Amendment at its option pursuant to section 7.3(b).
7.5 Upon termination of this Amendment,however
occurring,use of the Online Services by Subscriber will be
billed at then current rates under the Price Schedule
applicable to Subscriber under the Agreement.
7.6 Section 5.6 of Exhibit A to the Agreement shall be
revised by replacing the terms "State of Ohio"with "State
of California".
7.7 All capitalized terms not defined herein will have the
meanings given to them in the Agreement,including the
applicable Price Schedule.
7.8 Except as expressly modified by this Amendment,all
other terms and conditions of the Agreement will remain
in full force and effect and unaffected by this Amendment.
In the event of a conflict or inconsistencies between the
Agreement and this Amendment,this Amendment will
control.
LEXIS-NEXIS,a division °tReed Elsevier Inc.
BY:
NAME:LlL
~+rD ,--1-
'l-\q-OD
:::-tu.b&E:LL
Si>ec.\o..\\~WTITLE:
DATE:
Subscription Plan Amendment December 1995
OM/PRICINGAPPROVAL
@ 1995,LEXIS.NEXIS,a division of ReedElsevier Inc.All rights reserved.
PaQe2 of 2