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HomeMy WebLinkAbout23-132 - Sintel Business Solutions LTD - Sintel Forms EnterpriseCity of Tukwila Agreement Number: 23-132 6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A CONTRACT FOR SERVICES Amendment # 01 Between the City of Tukwila and Sintel Business Solutions Ltd. That portion of Contract No. 23-132 between the City of Tukwila and Sintel Business Solutions Ltd. is hereby amended as follows: 1- Remove pane 8 & 9, Sintel Invoice ID SF -23-06-002 (old terms) 2- Add Sintel Estimate ID SF -24-06-009 as Page 1&2, which shows the new terms of the contract: a. Contract Commencing — 8/28/24 b. Contract Ending — 8/28/25 c. Contract Amount not to exceed $19,780.9, including tax All other provisions of the contract shall remain in full force and effect. Dated this 3rd day of July , 20 24 CITY OF TUKWILA CONTRACTOR DocuSigned by: 1353B75946D140A— Joel bush, u TO ATTEST/AUTHENTICATED Andy Youn, City Clerk Ef DocuSigned by: ht*w hdyt , VII 7/3/2024 1 12:40 PM PDT Loin FAc�%Iahon, CEO APPROVED AS TO FORM Office of the City Attorney CA Reviewed May 2020 Page 1 of 1 23-132 Ooundill Approval) N/A End -User License Agreement Please carefully read the following legal agreement. The use of the software provided with this agreement (the "SOFTWARE") constitutes your acceptance of these terms. If you do not agree to the terms of this agreement, do not install and/or use this software. The use of this software is conditioned upon the user's compliance with the terms of this agreement. License grant Sintel grants you a license to use one copy of the version of this SOFTWARE on any single SharePoint Tenant or Environment for as many licenses as you purchase. "You" means a company, an entity or an individual. "Use" means storing, loading, installing, executing or displaying the SOFTWARE. You may not modify the SOFTWARE or disable any licensing or control features of the SOFTWARE except as an intended part of the SOFTWARE's programming features. This license is not transferable to any other company, entity or individual. You may not publish any registration information (serial numbers, registration keys, etc.) or pass it to any other company, entity or individual. Ownership The SOFTWARE is owned and copyrighted by Sintel. Your license confers no title or ownership of the SOFTWARE and should not be construed as a sale of any rights for the SOFTWARE. Copyright The SOFTWARE is protected by the Irish copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Sintel and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. License and distribution The SOFTWARE can be obtained from Sintel directly upon request or downloaded from AppSource. Reverse engineering You affirm that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part. You may not use, copy, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the SOFTWARE except as provided in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license. No other warranties Sintel does not warrant that the SOFTWARE is error -free. Sintel does not warrant that the DOCUMENTATION is error -free and complete. Sintel disclaims all other warranties with respect to the SOFTWARE, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, or the exclusion or limitation of incidental or consequential damages, so the above given limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. Limited warranty This SOFTWARE is provided on an "AS IS" basis. Sintel disclaims all warranties relating to this SOFTWARE, whether expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Neither Sintel nor anyone else who has been involved in the creation, production, or delivery of this SOFTWARE shall be liable for any indirect, consequential, or incidental damages arising out of the use or inability to use such SOFTWARE, even if Sintel has been advised of the possibility of such damages or claims. The person using the SOFTWARE bears all risk as to the quality and performance of the SOFTWARE. Severability In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. No liability for consequential damages In no event shall Sintel or its suppliers be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the delivery, performance or use of the SOFTWARE, even if Sintel has been advised of the possibility of such damages. In no event will Sintel liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if a ny. Entire agreement This is the entire agreement between you and Sintel which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. Reserved rights All rights not expressly granted here are reserved to Sintel. Updates to our End User License Agreement Any changes to our end user license agreement will be posted on this page and the modification date will be updated. If you have any questions about this information, please contact us at .ii Terms Of Use These Terms and Conditions ("Terms", "Terms of Use", "Terms and Conditions", "Terms of Service") govern your relationship with the website https://sintelapps.com and apps and services for SharePoint and Microsoft 365 (the "Service") operated by Sintel Business Solutions LTD ("us", "we", or 'bur"). Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You must be of an age of majority in your state or province of residence. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. Purchase and Subscriptions The Service is billed as a one-time purchase ("Purchase") or on a subscription basis ("Subscription(s)"). For a Purchase, you will be billed once in advance. On a Subscription basis, you will be billed in advance on a recurring and periodic basis ('Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Sintel cancels it. You may cancel your Subscription renewal by contacting the Sintel customer support team. Avalid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Sintel with accurate and complete billing information including full name, address, state, country, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Sintel to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, Sintel will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Fee charges Sintel, in its sole discretion and at any time, may modify the Purchasing and Subscription fees. Any Subscription fee change will become effective at the end of the then -current Billing Cycle. Sintel will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. Refunds Except when required by law, paid Purchasing and Subscription fees are non-refundable. Termination We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Limitation Of Liability In no event shall Sintel, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Your use of the Service is at your sole risk. The Service is provided on an "AS IS and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non - infringement or course of performance. Sintel, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. Sintel may, at its sole discretion, offer a Subscription with a free trial for a limited time period ("Free Trial'). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Sintel until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Sintel reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer. When you create an account with us, you must provide us information that is accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third -party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account. Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of Sintel and its licensors. The Service is protected by copyright, trademark, and other laws of both Ireland and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Sintel. Charges We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Links To Other Websites Our Service may contain links to third -party websites or services that are not owned or controlled by Sintel. Sintel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third -party websites or services. You further acknowledge and agree that Sintel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third -party websites or services that you visit. Updates to our Terms Of Use Any changes to our terms of use will be posted on this page and the modification date will be updated. If you have any questions about this information, please contact us at.l,i Citv of Tu ila �4ocuSign by: �214P.r %�a2Gta-tw A WM4,'Technical Operations Supervisor 7/21/2023 1 8:32 AM PDT Date Signed APPROVED AS TO FORM BY ASSISTANT CITY ATTORNEY 06/22/23 APPROVAL ON FILE. . tfhicdS�9v: oiffUSNOW,'CEO 7/21/2023 1 8:30 AM PDT Date Signed MMM -0% I MAE,, mill ............. Invoice ID SF -23-06-002 PO Number Sintel Forms License Issue Bale 01/06/2023 Blue Bale 28/07/2022 Subject Sintel Forms License Invoice Item Type Description Page 1 of 2 INVOICE From Sintel Business Solutions LTD Clonfert Avenue Portumna Galway Ireland H53 K602 00 353 (0) 21 234 8817 info@sintel.ie Company No: 503410 VAT No: IE98119261 Invoice For City Of Tukwila 6300 Southcenter BI, Suite 202 Tukwila, WA 98188 Quantity Unit Price Amount Product Client/Tenant ID: 1.00 $17,950.00 $17,950.00 tukwilawa.sharepoint.com License Type: Sintel Forms Enterprise Environment: SharePoint Online (Microsoft 365) License Period: 28/07/2023 to 28/07/2024 License Cost: $17,950 Items included in this license: -Use of the product for the duration of the license period -Access to the features included in the license as listed on our website -Access to our online support system to log support tickets (bugs or issues with the product) -Sintel BI Professional Notes: For Subscription Licenses This is a subscription to use a Sintel product on a single SharePoint tenant or SharePoint farm for the defined license period. To continue using the product and receive upgrades after the defined license period, customers must renew their subscription. Notes Payment to be made to the Bank details outlined below Amount Due $17,950.00 Account Name: Sintel Business Solutions LTD Account No: 78486001 Sort Code: 90-13-94 Bank: Bank of Ireland Branch: Global Markets Division,2 Burlington Plaza, Burlington Road, Dublin 18, Ireland IBAN: IE33 BOFI 9013 9478 4860 01 BIC (SWIFT) Code: BOFI IE 2D Registered Office Address: Clonfert Avenue, Portumna, Galway, Ireland Company Registration No: 503410 Page 2 of 2