AVCaptureAll 12/26/2018 - Laserfiche WebLink

CITY AV Ca ptu reA I I SUBSCRIPTION AGREEMENT This Subscription Agreement("Agreement")entered into on this 1st day of January 2019("Effective Date") between AV Capture All, Inc., a Washington State Corporation having a principal place of business at 19125 N Creek Pkwy, Suite 120, Bothell,WA 98011 (referred to herein as"Licensor"), and City of Everett, WA Municipal Court having a principal place of business at 3028 Wetmore Avenue Everett, WA 98201 referred to herein as"Subscriber"), collectively referred to as("Parties"),along with any documents attached hereto or incorporated by reference herein ("Exhibit"), governs Licensor's obligations to Subscriber and Subscriber's rights with respect to Products furnished by Licensor. In consideration of the mutual promises contained herein, the Parties agree as follows: 1. DEFINITIONS 1.1. "Authorized User" means an individual who has Subscriber's permission to use the Licensor's Products. An Authorized User must be a salaried staff employee of Subscriber or person responsible for configuration, administration, management, and maintenance of electronic computing and storage devices. For purposes of this Agreement, the use of the term"Subscriber" hereinafter shall denote Subscriber and Authorized Users as a single whole. 1.2. "Billing Document"means an electronic and/or hardcopy document such a sales invoice, purchase receipt, or other document(s) issued by Licensor, which indicates the items, quantities, and prices for Products provided to Subscriber. 1.3. "Billing Period" means the minimum time interval within the Subscription Term, as specified on the Billing Document, for which the Subscription Fee is paid. 1.4. "Content" means the audio, video and metadata digitally captured and stored through the use of Licensor's Products. 1.5. "Hosting" means the storage and delivery of Subscriber's Content. Content may be stored on Subscriber's local capture drive, Subscriber's local network server or Licensor's hosted server. 1.6. "Other Software" means any third party software installed and used on the same computer that Licensor's Products are installed on. 1.7. "Products" shall mean the software, service and/or hardware manufactured, developed provided, offered and/or licensed by Licensor, (whether free of charge or in exchange for a Subscription Fee, as determined by the Licensor), all as further described in Exhibit A. 1.8. "Subscription" means the receipt of Products by Subscriber, in exchange for payment of the Subscription Fee in compliance with the terms and conditions of this Agreement. "Active Subscription" refers to any Subscriptions (including suspended Subscriptions) that are not terminated.