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HomeMy WebLinkAboutResolution No. 07-049 CITY OF THE COLONY, TEXAS RESOLUTION NO. 07-M A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE ANNUAL RENEWAL OF THE MICROSOFT ENTERPRISE AGREEMENT WITH SHI-GOVERNMENT SOLUTIONS, A TEXAS DEPARTMENT OF INFORMATION RESOURCES (DIR) VENDOR (CONTRACT NUMBER DIR-SDD-198) AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony has determined that it is in the best interest of the City to renew the Microsoft Enterprise Agreement with SHI-Govemment Solutions. WHEREAS, the city of The Colony is agreeing to pay the sum not to exceed Sixty Thousand Dollars ($60,000) for such contract. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. That this license renewal, having been reviewed by the City Council of the city of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved in the amount not to exceed Sixty Thousand Dollars ($60,000) and the City Manager is hereby authorized to renew the licensing agreement on behalf of the city of The Colony, Texas, as provided in the attached Exhibit A. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. PASED AND APPROVED, this the 21st day of Mav. 2007. ATTEST: ') ~terprise ~!\Wt:'F."'nenl_ Microsoft E'nterprise JenrOllmenf' (indir'ect) - State and Local For Use Only By Affiliates ofthe State of Texas Microsoft Business Agreement number (if applicable) Rese/ler to camp/ete Enterprise Agreement number Reseller to complete Enrollment number Microsoft affiliate to complete IJ t ~ ~ /I) \ ('1 .\ (P I ~ \ "L ~ r I Reseller purchase order number I'?ese//er to complete Previous Entl~rprise Enrollment number "Iese//er to comp/ate Pre'~ous Entt!irprise Enrollment end date I;/ase//ar to camplete CbL6/J - EIV1P 4-\ 1.- q S"'\ +, ~ \Df This Microsoft: Enterprise Enrc,IIment is entered into between the following entities. ,Each party will notify the other in writing if any of thE! information in the following table changes, Customer Name of Entity '( C. /1 r 0 F '(rfe c..oLoN - ContactNaml~ fI\~~ :rCI-h)S~cJ (This person har dies access to online Information and receives order confirrnations. This person also receives true up, renewal and other notice:s, unless 8 different contact for notice is provided in the notices sectioll below.) City State/Province tk-;l A:s Postal code 75Q5j, Contact E-mlilil Address (required for online access), f'r\jl> \l ""' )l? cJ Q.. l::I . 'T\.\~' ~ ,.1 . 'W- . \.. ~. Phone -3l~ -l,'Lf ' 1'"\S-' Fax . , I Microsoft Licensing, GP - 6100 Neil Road, Suite 210 - Reno, Nevada USA 89511-1137 - Dept. 551, Volume Licensin filia le If notices should be sent to someone or some place 0 . In above, complete this section: 1 'I Name of Fntitv Contact Name Street address Contact E-mail Address City State/Province Phone Country Postal Code Fax SLG EA Enrollment (indirect) v6.1 (North America) October 3, 2003 Cover F'age Page 1 of 13 Notlces to Microsoft should be sent to: Microsoft Licensing, GP 6100 Neil Road, Suite 210 Reno, Nevada USA 89511-1137 Dept. 551, Volume Licensing Copies should be sent to: Microsoft law and Corporate Affairs One Microsoft Way Redmond, WA 98052 USA Volume licensing Group VlG-USA@Microsoft.com (425) 936-7329 fax Definitions. As used in this enrollment, "you" refers to the entity that signs this enrollment with us, and "we" or "us" refers to the Microsoft entity that signs this enrollment. All other definitions in the Microsoft Enterprise Agreement identified above apply here. Effective Date. If you are renewing Software Assurance from one or more previous "Enterprise Enrollments" (as defined in subsection 3(a) (Placing the initial order) of the 'Microsoft Enterprise Agreement identified above), then the effective date will be the day after the expiration of the first of those Enterprise Enrollments to expire. Otherwise the effective date will be the date this enrollment is signed by us. Where a previous Enterprise Enrollment is being used, your reseller will require the Enterprise Enrollment number and end date to complete the applicable boxes above. Term. This enrollment will expire 36 full calendar months from the effective date indicated below unless terminated earlier or -renewed as provided in the Microsoft Enterprise Agreement. We will provide you with written notice 60 days prior to expiration of the initial enrollment or renewal term advising you of your renewal options. For a description of renewal options, see subsection 12(e) of the Microsoft: Enterprise Agreement (How to renew an enrollment). Representations and Warranties. By signing this enrollment, the parties agree to be bound by the terms of this enrollment, and you represent and warrant that: (i) you have read and understand the Microsoft Business Agreement identified above and the Microsoft Enterprise Agreement, including any amendments to those documents, and the product use rights, and agree to be bound by those terms; (ii) you are an "Affiliate" of the State of Texas (as defined in the Microsoft Business Agreement identified above). (iii) you have 250 or more qualified deSktops; and (iv) the information that you provide on this cover page and each of the attached forms is accurate. SLG EA Enrollment (Indirect) v6.1 State of Texas, October 3, 2003 Cover Page Page 2 of 13 This enrollment consists of (1) this cover page, (2) the Enterprise Order Form, (3) the Shipping Information Fonn, (4) the Reseller Infonnation Form, and (5) the Enterprise Update Statement. Customer . . Name D Cheatham Printed Title M crosoft Licensing, GP Signatu Printed Title J Contract Administrator er 21 2007 Signature Date (date Microsoft affiliate countersigns) JUN 2 2 2007 Effective Date (may be different than our signature date) MAY 0 1 2007 THIS ENROLLMENT NOT VALID UNLESS SIGNED BELOW BY TEXAS DEPT. OF INFORMATION RESOURCES Required Approval by Texas Department of Infonnatlon Resources: By: 0Vvi~ ~h(U1ie (v\'Cllu CbV1Jyafl- M er 5-30-(J7 (Signature) Name: Title: (Printed) Date: (Printed) SLG EA Enrollment Qndlrect) v6.1 State ofTexas, October 3. 2003 Cover Page Page 3 of 13 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) 1. Denning your enterprise. Use this section to identify which affiliates will be included in your enterprise. Your enterprise must consist of entire government agencies, departments or legal jurisdictions, not partial government agencies, departments, or legal jurisdictions. Each affiliate must be entirely "in. or entirely "out.. All affiliates acquired after the effective date of this enrollment that are not party to an Enterprise Enrollment of their own will automatically be included unless you fill in part b below (when we refer to an Enterprise Enrollment in this section 1, we mean either (i) a Microsoft: Enterprise Select Agreement; (ii) an enterprise enrollment entered into under a separate Microsoft Select Master Agreement or Microsoft: Enterprise Agreement; (iii) an enterprise subscription enrollment under a separate Microsoft Enterprise Subscription Agreement; or (iv) any other enrollment submitted under the Microsoft Enterprise Agreement identified on the cover page). a. Use this part (a) to detemJlne which current affiliates will be Included Tn your enterprise. Ch8Clc oniv on. of the boxes In plitt (a). ~. Only you will be participating D You and the following affiliates will be participating (if no affiliates will be participating, write "none" on line 1) (attach a list of nama on a separate piece of paper If more than 5 affiliates are being Included): 1 2 3 4 5 2. Selecting your language option. Your selection below will determine the languages in which you may run the products licensed under this enrollment. If you select "Listed Languages: you may run (i) all copies of each of your products in any of the languages identified as "Listed Languages. below, and (ii) up to 10% of the copies of each of your products in any of the languages identified as "Restricted Languages. below. If you select "All Languages,. you may run all copies of your products in any of the "Listed Languages. and any of the "Restricted Languages.. Check only one of the boxes below to indicate your language option ~ Listed Language. D All Languages SLG EA Enrollment (indirect) ve.1 State of Texas, October 3, 2003 Enterprise Order Form Page 4 of 13 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) "Listed Languages" Arabic Korean Simplified Chinese Japanese Traditional Chinese Polish Czech Portuguese (Brazil) English 1 Russian French Canadian Turkish Hebrew Thai Hungarian Spanlsh2 "Restricted Languages" Danish Greek Dutch Italian EngliShJ Norwegian Finnish Portuguese (Portugal) French Spanish 4 German Swedish English Is a "Listed Language," except when restricted as described in the "Restricted Languages' list (see footnote 3) 2 Spanish is a 'Listed Language," only if this enrollment Is signed in Latin America 3 English is a 'Restricted Language' if this enrollment is signed In Austria, Belgium, Denmark, France, Finland, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, United Kingdom, Switzerland, Sweden. or Spain .. Spanish Is a "Restricted Language' unless this enrollment Is signed in Latin Amerlca 3. Language allocation. Provide us with your good faith estimate of the specific languages in which you will run all copies of all products and the approximate percentage of those copies you will run in each language. Information that you provide here does not limit your future use of products under this enrollment in any permitted language within the language group you select above. Attach a separate sheet if more space is needed. Language Percentages English Other languages Greater than 90 % 10% or less % SLG EA Enrollment Qndlrect) v6.1 State ofTexas, October 3, 2003 Enterprise Order Form Page 5 of 13 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) 4. Applicable currency. The currency your reseller accepts is based on the country in which you are located. All payments must be made under this enrollment in the accepted currency. I Type of currency: U.S. Dollars 5. Establishing your price level and number of qualified desktops. Your price level will be determined pursuant to the special terms of the Enterprise Agreement between the State of Texas (acting by and through the Department of Information Resources) and us. Please consult the Enterprise Agreement for details. Actual pricing will be provided by your reseller. Qualified Desktops: You represent that the total number of qualified desktops in your enterprise is, or will be increased to, this number during the initial term of this enrollment. (This number must be equal to at least 250 desktops, unless an amendment is also included in which you waive the free shipment of CD ROMs.) 2-40 6. Enterprise Product Orders. The prices stated below are for your reference only. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. a, Initial order for enterprise products, The reference prices for the enterprise products covered by your initial order are set forth below. We will invoice your reseller in three equal annual installments. The first installment will be invoiced upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. You must choose the Enterprise Desktop Professional Platform (which is composed of all three of the individual enterprise products) or at least one of the individual enterprise products before selecting any additional products in section 7 (Additional product orders) below. Column 2: Column 4: Column 5: Column 6: Column 7: Box 8: SLG EA Enrollment (indirect) v6.1 State of Texas, October 3, 2003 Enterprise Order Form Page 6 of 13 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) Enterprise Product Selection Table: 1 Enterprise Product 2 "Office Professional "'Office Standard Windows Desktop ./ (, f:. Operating System Systems .i .., U rade "'Core Client Access ../ Servers ') It.. License "'BackOffice CAL Servers Windows Server CAL Servers Exchange Server CAL Servers SharePoint Portal Server Servers CAL Systems Management Servers Server CAL SQL Server CAL Servers 5 Annual enterprise product per desktop reference price . ---.. ----- \' 3 Product Pool (Applications, Systems, Servers) 4 Product Type 6 Annual enterprise product reference price 7 Total enterprise product reference price ,,~C' ~ '~'-\-"i'~O 't{84.v, "JS " (; \ '" ~LC\,'\.r,\ 'to::ll1-.(,C U 1~L"~ . , , B Total Initial Annual Enterprise Product Reference Price: (add (:olumn (6) for the enterprise products chosen above) '? r At,\" .:1\$ \. . The components of the current versipn of Office Professional, Office Standard, BackOffice CAL, and the current versions of the components that make up the Core CAL, are identified in the Product List and/or in the Enterprise Agreement. b. True up orders for enterprise products. The reference price for the enterprise products covered by any true up orders submitted during the initial term is set forth below. That price is based on the price level identified in box 5(b) above. We will invoice your reseller in total upon our acceptance of each true up order. We will provide the true up reference prices for each anniversary through your Columns 2 - 4: reseller, who will complete the table below. Prices will be filled in only for products ordered in subsection 6(a) (Initial Order for Enterprise Products) SL~ EA Enrollment (indirect) v6.1 State ofTexas. October 3,2003 Enterprise Order Form Page 7 of 13 Enterprise Order Form (To be completed with your reseller or Microsoft account manager) Enterprise Product True Up Price Table: 1 I 2 I Second y:ar tr~e up I 4 Enterprise Product First year true up Third year true up reference price reference pnce reference price Office Professional 4\ ~ ls '?> '2A ~. tj fl 1.1- ~" L . ~ v Windows Desktop , "1 ,", Ci' \ O'L . (6 1"')1\ l I.';' Operating System Upgrade .J . L...A..J .> ."li . Core Client Access License IJ)A3 \l~.q\ . 1 \ O'v . l,,(l BackOffice CAL Windows Server CAL Exchange Server CAL SharePoint Portal Server CAL Systems Management Server CAL SQL Server CAL c. Qualifying systems licenses. All desktop operating system licenses provided under this program are upgrade Licenses. Therefore, if you select the Windows Desktop Operating System Upgrade & Software Assurance, all qualified desktops on which you will run that product must be licensed to run one of the qualifying operating systems identified in the Product List under Windows Desktop Operating System Upgrade & Software Assurance. 7. Additional Product Orders. The prices stated below are for your reference only. Your prices and payment terms for all products ordered will be determined by agreement between you and your reseller. a. Initial order for additional products. The reference prices for each additional product covered by your initial order are listed in the table below. We will invoice your reseller in three equal annual installments. The first installment will be invoiced upon our acceptance of this enrollment; the remaining installments will be invoiced at the next two anniversaries of the enrollment effective date. You may license additional products by entering the names and quantities for the products of your choice in the Additional Product Selection table. For a list of the available additional products, contact your reseller. SLG EA Enrollment (indirect) v6.1 State of Texas, October 3, 2003 Enterprise Order Form Page 8 of 13 Enterprise OrdeJr' F01'jm (To be corr pleted with your reseller or Microsoft ac::ount manager) Complete the table below by filling in the blanks. Column 1: List the additional :Jroducts you wish to license in ~I than 10 additional products attacn a separate she Next to each additional product you select. insert " obtain Software A!;surance only (in which case yo: Column 2: column) To determine if you are eligible to choos refer to subsection 4(a) of the MiCroSOft EnterprisE order some L&SA and some Sohware Assurance f below USInQ a sepi~rate line for each product type. Column 3: Indicate the product pool for each of the additional Consult the Produl~~ List to determine the appropri: Column 4: Enter the price levI?1 for the appropriate pool for ea applicable Column 5: Enter the appropri.:tte quantity of licenses for each Your reseller or Microsoft account manager will pn Column 6: reference price In 1hls column. The reference pncr addilional product as identified in box 51b) or 5(e), Column 7: Your reseller or Microsoft account manager will mtJ annual addilional ~Iroduct reference price. Column 8: Your reseller or Mi:::rosoft account manager will mlJ compute the total additional product reference pric Box 9: Your reseller or Microsoft account manager will ad initial annual additional product reference price. our init!, etwlth t" L&SA" il' J may In, e SOhwci AgreerTl o r the s, Ii order If you choose to license more ,e Information reqUired below I column 2 unless you are eligible to ;ert the words "SA only' in tnls re Assurance onl,' for any product. en! (Placing the initial order) IfyoLJ ImE product, list the product tWice ; that you selected in column 1 ICt pool for each additional product :mal product from box 5(b) or 5(e), as II product you e~oose to license annual additional product per license )ased on the price level for that able umn 5 by column 6 to compute the umn 7 by 3 (for the 3 year term) to 's in column 7 to compute tne total . product, 3te prod: ch additi addition;. )vide thE' "will be t as appli::. Itiply col Itiply col e. d the rm'\ Additional Product Selection Table: -~; r:.. .. '''1' ~fb~ , -., .-, I H \ C;' "'!..l ~., '" 7.. \,.J,~ ' ')JiVe .:. ',"C /\..... ,"\:''l.'lo.}t V )\; <l t ." "1-', ... . , to ./ .' ,.:, ~J\l .,., fA )': i \l, ~ -. i', I .. , '"'*11 "l,,\(\ l '~:b \0..- (.,' l.) .- .- t"i., '~I t r '-~ .- '(4 ~~\..l'.\f..1:~. 1) ~l "'t ., ..,.,........ 41-\ 'it'll ,..:.~..Jv'l".. \. 1../1, ' :-' L..- 'tJ .) t ") 'rO () (,UL- '::'i\",) .' I \j~C. I'. ..:::> tA~^I'Jri }) t n_\:' Liso I 3 5l2- ~ .., I "....,l'..../'f'. \:J ,\-:p,".. .~ {.; (J.N'. l'\ l ~~ ') j~td '"' 1-l,D ",.1~..4f' 1\; 1'^1 (;J i.1 ~I, ~,,'...- ;,...... 2nL- &-\-r! ~~ SA- 'S.e('vers .D d.. l / ~'8' 10-1 S Total I SLG EA Enrollment (indirect) v6.1 State of Texas. October 3,2003 Enterprise Order Form Page 9 of 13 ,Enterprise Order' Fonl'" (To be completed with your reseller or Microsoft account manager) b. Subsequent additional product orders. The reference price for any new additional product not initially includE~cl in your enrollment will be the then current reference price for your ~ rice level for that product ao, of the date of your order. We will invoice your reseller in total upon our acceptance of your order. Once you r.i3ve placed the first order for copies of a new additional product, you may run additional copies of that product at any time and order them as described in subsection 7(c) (True Up Orders for Additional Products) c. True up orders for additional products. The reference price for additional products initially included in your enrollment and covered by any true up order submitted during the initial ':erm is set forth below. That refere"lce price is based on the price level identified in the box in 5(b) or ::i(c) above, as applicable. The true up reference price for any new additional products will be the thE!n current true up reference orice fa: your price level for that product as of the date of your first order for t11at product. We will invoice ~/our re:ieller in total upon our acceptance of your true up order. Complete the table below by filling in the blanks. Enter each of the additional products you selected in sul:)section 7(a) (Initial Order for Column 1: Additional Prod Jets) here. If you have chosen to Iicensl:, more than 10 additional products, attach a separate sheet. Columns 2 - 4: You" reseller or Microsoft account manager will provide the true up reference prices for each anniversary in t1ese columns Additional Product True Up Price Table: . ~ t; ~\ L I -4 I Third-yeartrue up true .up I . reference price rice ~,;1 .. -"1 \ -::/;.~ )'L !:b&lo ,,, , t " 7~ d " .. .' .. ~ .. . .. .. .. III if.: 2 I First-year true .up See I reference :price re I :,\~ . <'1""t ~~ \1 -':r \.~ ';, 1-. \. (/\.\.. T, - t. -' \ 0- \,.... (l ~\~t:-{ ~~ t - [Y.'; - ~. \ .' \ t. " '-r 'oQL- .:::.;.-r> I '. '? ':-.OJ.~ . -1-)\ 4 r '" U~:n~\(j -rf~i..... - "A t.1..f' ,.- , ,... , V~-\..""'.I' ' -~,I~ l'- Ll ' I SQL- Srcl- s~~ r,.. ~ \l ;).~ ?~ . '" )\, \, \'*\-; " ....-" ../'''''; 955 8. Renewal orders. for any 36-month renewal, your rl3newal order will be invoicecl to your reseller in three annual installments, The first installml~nt will be invoiced upon our acceptance of the renewal order; the remaining installments will be invoiced at the next two annivE!rsaries of the effective date of that renewal term. For any 12-month renewal and. for any true up orders, we will invoice your reseller in total upon our acceptance of your order. SLG EA Enrollment (indirect) v6.1 State ofTexas, October 3, 2003 Enterprise Order Form Page 10 of 13 Shipping Information Form (To be completed with your reseller or Microsoft account manager) CD-ROM subscriptions will be shipped to the following address. CD Kit Ship To Information (If different from address on the cover page) ~ ~ Unless you mark one of the boxes below, upon our acceptance of this enrollment we will ship your starter CD kit for each product group you designate in the table below containing products in the language(s) you select. We will provide updates in the form of CDs, or upon reasonable notice by electronic download or similar other means. If you need additional CD kits and updates, you may order these through your reseller for a fee. For a complete list of the contents of any kit, go to http://selectug.mslicense.com/ f)(I I do not wish to receive a '1V'f I do not need another complete set, but would like to receive r CD kit or kit updates. ~ kit updates. · Mapping Kit is not available for use in or shipment to, India, Hong Kong SAR, Macau SAR, China, Morocco, Pakistan, and Turkey = Not Avalable SLG EA Enrollment (Indirect) v6.1 State of Texas, October 3, 2003 Shipping Information Form Page 11 of 13 Reseller Information Form Your reseller should complete the following sections and sign this fonn where indicated. Genei'll/Information Reseller Purchase Order Number: I COLON'" eN7P Reseller Company Name: :L Street Address and/or Post Office Box: . ~73 City and State / Province and Postal Code: Country: U3~ Contact Name: ~d~ ~- Phone Number: Fax Number: Email Address: The undersigned confirms that the reseller infonnation is correct. Name of Reseller SH I. Signature Printed Name Printed Title Date SLG EA Enrollment (Indirect) v6.1 State of Texas, October 3, 2003 Reseller Information Form Page 12 of 13 Enterprise Update Statement Complete within 15 days following each anniversary of the enrollment effective date as described in subsections 3(c) (Placing annual.true up. orders to account for additional desktops) and 4(d) (Placing annual "true up. orders to account for additional copies) of the Microsoft Enterprise Agreement. Submit an orIQ/nal to your raselfer. Enterprise Agreement Number Enrollment Number Customer Name Anniversary of Enrollment Effective Date , An Enterprise Update Statement must be submitted unless (a) the number of your qualified desktops has increased during the previous year and you have placed a true up order covering those desktops; and (b) you are running only enterprise products under your enrollment. Enterprise products. If there has been no increase in your qualified desktop count, confirm this by marking the first box below. Additional products. For any ae1ditional product for which a true up order has not been placed, confirm that there has been no increase in the number of copies of that product run under your enrollment by marking the second box below. o I confirm that there has been no increase in the number of qualified desktops in my enterprise. o I confirm that there has been no increase in the number of copies of any additional product run under this enrollment other than those for which a true up order has been submitted. Statement completed by: Name of customer Authorized signature Name Title Date SLG EA Enrollment (indirect) va,1 State of Texas, October 3, 2003 Enterprlse Update Statement Page 13 of 13 1IIictosatt'1 Volume Licensing Enterprise Enrollment - State and Local Amendment Enrollment number Microsoft to complete I.~S2gl'B Amendment ID I W16 This amendment is entered into between the customer and Microsoft: affiliate signing, as of the effective date identified below. All terms used but not defined will have the same meanings as in the Microsoft Enterprise Enrollment identified above ("the enrollment"). The following terms and conditions amend the terms and conditions of the enrollment, but only with respect to the customer identified below and only for purposes of this enrollment. 1. On the cover page of the enrollment, the paragraph entitled "Representations and warranties," is hereby amended and restated in its entirety with the following: Representations and warranties. By signing this enrollment, the parties agree to be bound by the terms of this enrollment, and you represent and warrant that: (i) you have read and understand the Microsoft Business Agreement identified above (if any) and the Microsoft Enterprise Agreement, including any amendments to those documents, and the product use rights, and agree to be bound by those terms; (ii) you are either the entity that signed the Microsoft Enterprise Agreement or its affiliate; and (iji) the information that you provide on this cover page and each of the attached forms is accurate. 2. The Section entitled "Establishing your price level," is hereby amended and restated in its entirety with the following: Establishing your price level. The price level indicated in box 5(b) will be your price level for the initial enrollment term for all enterprise products and for all additional products in any pool in which you have ordered an enterprise product. For additional products in any pool in which you have not ordered at least one enterprise product, your price level will be level "P", unless a different price level is specified in item 5(c) below. Complete steps 1 and 2 below to determine your price level(s) for the enterprise products and additional products you order under this enrollment. Step 1: Enter the number of qualified desktops you have in your enterprise in box Sea). Qualified Desktops: You represent that the total number of qualified desktops in your enterprise is, or will be increased during the term of this enrollment to, this number 5(a) ~~. D during the initial term of this enrollment. Step 2: Find the price level for the number of desktops you entered in 5(a) and enter that price level in box 5(b). Microsoft Enterprise Enrollment (v6.1 only) (North America)(English) December 1, 2005 Sub 250 Enterprise Enrollment W16 VVhite Page 1 of 2 Price Level for Enterprise Product (for pools in which you order an enterprise product): 5(b) Price Level ' 0" 250 to 2,399 A 2,400 to 5,999 6,000 to 14,999 15,000 and above B C D 5(c) Price Level "D" 3. A new Section is hereby added as follows: Number of Qualified Desktops. The requirement that this enrollment include at least 250 qualified desktops is hereby waived. " Except for changes made by this amendment, all terms of the enrollment remain unchanged. By signing below, the parties agree to be bound by the terms of this amendment. Customer I Contracting Microsoft Affiliate Name of Entity * Si Signature The Colony Printed Name Dale Cheatham Printed Title * Printed Title er 5/21/2007 Signature Date JUN 2 20- (date Microsoft affiliate countersigns) 2 01 * indicates required field Effective Date (may be different than our signature date) MAY 0 1 2007 Please send 2 executed oriainals to: Microsoft Licensing, GP -6100 Neil Road, Suite 210 - Reno, Nevada USA 89511-1137 - Dept. 551, Volume Licensing. When the amendment is fully signed, you will receive a confirming copy. I Prepared By: Microsoft Enterprise Enrollment (v6.1 only) (North America)(English) December 1, 2005 Sub 250 Enterprise Enrollment W16 VVhite Page 2 of 2