Laserfiche WebLink
Extreme NIaaS Subscriber Terms of Use End User Direct v022024 Page 1 of 13 <br />NETWORKINFRASTRUCTURE ASA SERVICE SUBSCRIBER TERMS OF USE <br />These Network Infrastructure as a Service - Subscriber Terms of Use, including any appendices hereto <br />Networks, Inc., with a place of business at 6480 Via del Oro, San Jose, California 95119 ("Extreme"), and <br />City of Everett, with its principal place of business at 2930 Wetmore Avenue, Everett, WA 98201, USA <br />Capitalized terms used herein shall be as defined in the body of these Terms of Use, or as set forth in <br />Appendix A <br />Subscription and NIaaS Services purchased by Subscriber. By signature below, each Party represents <br />it has the authority to bind itself to these Terms of Use and hereby agrees to same. <br />1. Scope. NIaaS Services are services provided by Extreme to its Subscribers which make capacity <br />available for use on an as--per-, as more <br />fully set forth in Appendix B hereto. The NIaaS Services give Subscriber the ability to enhance efficiency <br />and to streamline its costs, capacity allocation, and budget and procurement processes. These Terms of <br />Use govern the provision by Extreme of NIaaS Services to Subscriber. NIaaS Services apply only to <br />Extreme Technology located at the Premises identified in Appendix B and executed in connection with <br />these Terms of Use; equipment which Subscriber owns or leases (from any source whatsoever) and <br />which is not expressly supplied by Extreme under these Terms of Use is not covered. <br />2. Reporting of Usage. <br />a.management software product(s) <br />track the usage of the Extreme Technology. Extreme will sage by reviewing a <br />monthly report, to be generated by Subscriber, using the Monitoring Software, or as otherwise agreed <br />between the parties ("Usage Report"). The results of such Usage Reports will be binding upon Subscriber <br />absent manifest error. <br />b. Should Monitoring Software be required as a condition to use, Subscriber is required to use <br />Monitoring Software, and agrees to keep Monitoring Software fully operational during the Term. <br />Subscriber may not disable, block, modify or otherwise interfere with Monitoring Software. <br />c. If Monitoring Software fails to function due to Subscriber interference or conflict with third party <br />products, Subscriber will remove the interference or the conflicting products. If Subscriber fails to remove <br />such interference or conflicting products within seven (7) days of notice by Extreme of such failure, or if <br />Monitoring Software is unavailable resulting from the acts or omissions of Subscriber for more than one <br />(1) calendar month, Subscriber will be invoiced based on one hundred percent (100%) Subscriber Usage <br />for the previous billing cycle until Monitoring Software operation is restored. <br />3. Orders, Price & Payment, Taxes and Shipping. <br />a. Orders. Subscriber shall submit a purchase order for the NIaaS Subscription described in <br />Appendix B to these Terms of Use. Extreme reserves the right to reject any order that is not accurate, in <br />which case Subscriber will issue a new purchase order with correct information regarding the NIaaS <br />Subscription. The terms and conditions of these Terms of Use will apply to any and all purchase orders <br />void.