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Home My WebLink About2012-001 User License Agrmt - Bjelland Consulting END USER LICENSE AGREEMENT (EULA) Notice to User: This is a legal agreement between Licensee (an individual or single entity, referred to hereinafter as "Licensee") and Richard J. Bjelland dba Bjelland Consulting (referred to hereinafter as "Licensor") for computer software products and/or data, including any accompanying explanatory written materials (the "Software"). BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, LICENSEE MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF LICENSEE AGREES, LICENSEE MUST SIGN THIS EULA AND RETURN A SIGNED COPY TO LICENSOR. Licensor grants Licensee a nonexclusive, limited license to install and use the Software. Licensee may also make copies of the Software as necessary for backup and archival purposes. The term Software shall include the software components, media, all copies made by Licensee and any upgrades, modified versions, updates, additions and copies of the Software licensed to Licensee by Licensor. Licensor reserves all rights not granted. Other Rights and Limitations. The Software is licensed as a single unit, and its component programs may not be separated. Licensee agrees not to modify, adapt or translate the Software. Licensee further agrees not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Licensee may not rent, lease, distribute, sublicense or lend the Software to third parties. Further, Licensee agrees not to place the Software onto a server so it is accessible via a public network such as the Internet. Ownership. Title, ownership rights, and intellectual property rights in and to the Software shall remain with Licensor. The Software is protected by United States Copyright Law and international copyright treaties, as well as other intellectual property laws and treaties. There is no transfer to Licensee of any title to or ownership of the Software and this EULA shall not be construed as a sale of any rights in the Software. Licensee agrees not to remove or alter any copyright, trademark, registered mark or other proprietary notices on any copies of the Software. Licensor reserves all rights not granted. Warranty Disclaimers. Licensee acknowledges and agrees that the use of the Software is at Licensee's own risk. The software is provided "as is" and without any warranty of any kind. Licensor does not and cannot warrant the performance or results licensee may obtain by using the software. Licensor makes no warranties, express or implied, as to non infringement, merchantability or fitness for any particular purpose. This warranty disclaimer affects licensee's legal rights, and licensee may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to licensee. Limitation of Liability. In no event will licensor be liable to licensee, whether arising under contract, tort (including negligence), strict liability, breach of warranty, misrepresentation or otherwise, for any direct, consequential, incidental or special damages, including any lost profits or lost savings, even if licensor or any representative has been advised of the possibility of such damages, or for any Page 1 of 1 claim by any third party. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages,so the above limitation or exclusion may not apply to Licensee. In no event shall Licensor's liability for any damages,regardless of the nature of the claim,exceed the amount paid by Licensee for the Software. General Terris. This EULA may be executed in one or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument.Without prejudice to any other rights Licensor has,this ELLA shall automatically terminate upon failure by Licensee to comply with its terms. Licensee may also terminate this EULA at any time by destroying the Software and all copies. -Additional services. Any programming or other services provided to Licensee by Licensor including without limitation any modifications to the Software requested by Licensee,shall be invoiced to Licensee at actual time and material charges and travel and lodging reimbursement rates in"effect at the time such services are rendered to Licensee. All assistance requested by Licensee shall be provided by Licensor during normal business hours after reasonable written notice by Licensee and subject to Licensor's availability as determined by Licensor. License Fee. The License Fee for the Software shall be paid in full by Licensee prior to delivery of the Software. The License Fee for the below described software is$1,200. Payment. Payment of all charges invoiced to Licensee in addition to the License Fee shall be paid by Licensee prior to delivery of Software or upon invoicing of charges for any associated services. Should default be made in the payment of any sums due,such defaulted sum shall bear interest at the rate of one and one-half percent per month; Description of Software Covered by EULA. An Oregon Housing and Land Use Model configured for the City of Ashland. Dated this 14"4- DAY OF P� em bo,. 120 /1 7 Licensor: Richard J. Bjelland dba Bjelland Consulting By Licensee: By L / M-/U r https://zimbra.ashland.or.us/service/home/—/AshlandEULAjpg... 12/19/2011 "a HEMMER Page 1 / 1 y CITY OF i 1 i1 _A C H LAN Tl DATE �--.:' S. `-PO NUMBER.. 20 E MAIN ST. l! 1/10/2012 10618 ASHLAND, OR 97520 (541)488-5300 VENDOR: 016674 SHIP TO: Ashland Planning Department WELLAND CONSULTING (541) 488-5305 3002 BEACHWOOD BLUFF WAY 51 WINBURN WAY SAN DIEGO, CA 92117 ASHLAND, OR 97520 FOB Point: Req.No.: Terms: Net Dept.: Req.Del.Date: Contact: Bill Molnar- Linda Reid' Special lnst: Confirming? NO Ouanti Unit ' 'Descri tion lJmt Price,:' Ext.Price Software License Agreement 1,200.00 Area Specific Database (Housing Land Use Model SUBTOTAL 1 200.00 BILL TO:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 1,200.00 ASHLAND, OR 97520 J i,;: Amount .: Account Number Project Number .Amount' ` `.Accourif Number � .. . :� Project Number E 110.09.27.16.604100 1,200.00 iii✓i Authorized Signature VENDOR COPY FORM #3 CITY OF A. r.qur ., oor a Purchtia 7, Car;der ASHLAND REQUISITION Date of request: Required date for delivery: EEL Vendor Name Rirharrl Rpllnnd dha Riiolland Cnncidfing Address,City,State,Zip Contact Name&Telephone Number Richard Bjelland(541)910-3627 Fax Number E-Mail:bjelland4076 @msn.com SOL ROC Exempt fro= ertiveBiddin - ❑ Emeroencv W ft ings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached X Small Procurement - Cooperative Procurement Less than$5,000 ❑ Reguest for Proposal (Copies on file) ❑ 'State of Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 ❑ State of Washington_ Intermediate Procurement ❑ Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5,000 to$100,000 ❑ Quote or Proposal attached Agency ❑ (3)Written quotes attached Contract# PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement $5,000 to$75,000 ❑ Written Findings(Form attached) Agency ❑ Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract# ❑ (3)Written proposals attached Date approved by Council: Dale approved by Council: Description of SERVICES Total Cost 4z,�f License agreement for area specific database(housing land use model $1,200:00 Item # Quantity Unit Description of MATERIALS Unit Price Total Cost TOTAL COST ❑ Per attached quotelproposal $ Project Number______-___ AccountNumber_Ql-Zl-L�-W-1100_ Zoo,. Account Number Account Number 'Expenditure must be charged to the appropriate account numbers for the financials to accurately reFlect the actual expenditures. IT Director in collaboration with department to approve all hardware and software purchase /-/a Y,-> / IT Director Date By signing this requisition form,I certify that the information provided above satisfies the City's public contracting airen1s, d t he documentation can bprovided upon request /`// Employee Signature: Department Head Signature: Additional signatures(if applicable): Funds appropriated for current fiscal year YES / NO Finance Director Date Comments: G FinancelProcedurelAPTormsTorm#3-Requisition Updated on:121112011