157091 03/05/2008 CITY OF CARMEL, INDIANA VENDOR: 127102 Page 1 of 1
ONE CIVIC SQUARE HEWLETT PACKARD INC CHECK AMOUNT: $28,352.00
i•,� CARMEL INDIANA 46032 113207 COLLECTION CENTER DRIVE
CHICAGO IL 60693 CHECK NUMBER: 157091
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CHECK DATE: 3/5/2008
DE PARTMENT ACCOUNT PO N UMBER INVOICE NUMBER AMOUNT DESCRIPTION
1202 R4463201 16602 43655230 12,854.00 VMWARE SERVER
1202 R4463201 16600 43666254 15,498.00 SAN STORAGE SHELVES
I
Invoice Invoice Reference Invoice Date Remit Payment to:
HEWLETT- PACKARD COMPANY
43655230 24165787 001 1/25/08 13207 Collections Center Drive
Chicago, IL 60693
Ship Date Due Date Total Amount (USD)
D- U- N -S:00- 912 -2532 i n v e n t
1/25/08 2/24/08 12854.00 FED ID 94- 1081436
Purchase Order Customer Number Contract Name Contract Number
16602 P05422 WESTERN STATES CONTRACTING ALLIANCE A63309
CR DR Authorization Payment Terms Sales Order Order Date Carrier Freight Terms Page
NET 30 DAYS GOV 24165787 1/24/08 FOB Destination 1 of 1
Bill to:
5.1.1754 1 MB 0.360 68224S11.ps 1 of 1 g
Ship to:
CITY OF CARMEL
D I R E C T S H I P" PO #16602/TERRY CROCKETT
CITY OF CARMEL THREE CIVIC SQUARE
ONE CIVIC SQUARE CARMEL IN 46032
CARMEL IN 46032 -7569
CITY OF CARMEL
Line Order Backorder Shipped Product Product Description Unit Extended
Number Quantity Quantity Quantity Price (USD) Price (USD)
001 1 1 414109 -1321 HP DL385RO2 CTO Chassis 950.00 950.00
SER USE804N764
002 1 1 407433 -1-21 HP 02218 DL385G2 FIO Kit 440.00 440.00
003 1 1 407433 -B21 HP 02218 DL385G2 Kit 427.00 427.00
004 1 1 408853 -12G HP 12GB REG PC2 -5300 6x2GB 2RANK Kit 1650.00 1650.00
005 3 3 408853 -1321 HP 4GB Reg PC2 -5300 2x2GB Kit
006 1 1 430341 -1321 VMware ESX Enterprise 2P Lic SW 4774.00 4774.00
007 1 1 331903 -B21 COMBO DRV 24X SLIM CARBON ALL 82.00 82.00
008 1 1 411508 -B21 HP Smart Array E200/128 Controller 230.00 230.00
009 2 2 375859 -621 HP 36GB 1 OK SAS 2.5 Hot Plug Hard Dri 195.00 390.00
SER PHH801T37F PHH801T37E
010 1 1 399771 -001 HP RPS 350/370/380 G5 US Kit 105.00 105.00
011 1 1 412648 -1321 HP NC360T PCIe DP Gig Adptr 159.00 159.00
013 1 1 412648 -B21 HP NC360T PCIe DP Gig Adptr 166.00 166.00
014 1 1 U8084E HP CPe 5Y 4H 24x7 ProLiant DL380 1369.00 1369.00
SER GOOHUS206244
015 1 1 UE837E HP 3y 24X7 VMWare ESX Enterp 2p SW Su 2112.00 2112.00
SER G54BUS03CO53
016 1 1 'CONOVRD CUSTOMIZATION SERVICES
017 1 1 293355 -888 SERVER -HOU SUPPRESSED CTO FLAG
018 1 1 TRACKING 1Z4237AW0308176995
INQUIRIES TO:
(800)727 -2472
TOTAL USD 12854.00
TERMS: Payment terms are NET 30. The sale and delivery of the product and /or service listed on this invoice are subject to Hewlett-Packard Company's standard sales terms and conditions in effect at the time
the product or service is ordered. Any variance from those terms and conditions will be effective only if agreed tom writing by Hewlett- Packard prior to the time the product or service is ordered.
PRICES: All orders will be billed at prices in effect at the time of the shipment.
RETURNS 8 Exchange or returns must be requested within 30 days of receipt of your shipment. All returns require prior approval and a return authorization number (LIMA) REFUNDS authorized returns or returns
REFUNDS without a RMA number may be refused. Opened software and any purchases subject to abuse are not eligible for return. Freight charges are non refundable. After receipt and inspection of returned
merchandise, credit will be issued.
CLAIMS: Claims for shortages, damages and invoice discrepancies must be made within 30 days of receipt. In case of shipping damage, please keep all packaging materials and damaged merchandise in the
original outside shipping carton. We will file a claim with the carrier and replace the item at no cost to you.
PER FAR NO 52 232 -25, IN CASE OF DEFFECTIVE INVOICE PLEASE NOTIFY THE FOLLOWING: Hewlett- Packard Company, Attn: GEM Customer Service, 10810 Farnam Drive, Omaha, NE 68154
Phone: 1- 800 209 -9620
HPVG1D
Invoice Invoice Reference Invoice Date Remit Payment to:
HEWLETT- PACKARD COMPANY
43666254 24165460 001 1/28/08 13207 Collections Center Drive I Lh 1 v
Chicago, IL 60693
Ship Date Due Date Total Amount (USD)
D- U -N -S: 00- 912 -2532 i n v e n t
1/28/08 2/27/08 15498.00 FED ID 94- 1081436
Pu rchase Order Customer Number Contract Name Contract Number
16600 P05422 WESTERN STATES CONTRACTING ALLIANCE A63309
CR DR Authorization Payment Terms Sales Order Order Date Carrier Freight Terms Page
NET 30 DAYS GOV 24165460 1/24/08 FOB Destination 1 of 1
Bill to:
6.1.2571 1 MB 0.360 68439S11.ps 1 of 1 g
Ship to:
CITY OF CARMEL
D I R E C T S H I P" PO #166001TERRY CROCKETT
CITY OF CARMEL THREE CIVIC SQUARE
ONE CIVIC SQUARE CARMEL IN 46032
CARMEL IN 46032 -7569
Line Order Backorder Shipped Product Product Description Unit Extended
Number Quantity Quantity Quantity Price (USD) Price (USD)
001 2 2 335921 -621 HP StorageWorks MSA20 Storage Enclosu 1525.00 3050.00
SER E05FMLJ163 E04ZMLJ1 133
002 2 2 U8130E HP 3y 4h 24x7 MSA20 /30/50 HW Support 956.00 1912.00
SER G09MUS1940CB G09MUS19412E
003 24 24 432341 -B21 HP 750GB 7.2k HP SATA 1 y Service 439.00 10536.00
004 1 1 TRACKING 33903217
INQUIRIES TO:
(800)727 -2472
TOTAL USD 15498.00
TERMS: Payment terms are NET 30. The sale and delivery of the product and /or service listed on this invoice are subject to Hewlett Packard Company's standard sales terms and conditions in effect at the time
the product or service is ordered. Any variance from those terms and conditions will be effective only if agreed to in writing by Hewlett- Packard prior to the time the product or service is ordered.
PRICES: All orders will be billed at prices in effect at the time of the shipment.
RETURNS Exchange or returns must be requested .within 30 days of receipt of your shipment. All returns require prior approval and a return authorization number (RMA) REFUNDS authorized returns or returns
REFUNDS without a LIMA number may be refused. Opened software and any purchases subject to abuse are not eligible for return. Freight charges are non refundable. After receipt and inspection of returned
merchandise, credit will be issued.
CLAIMS: Claims for shortages, damages and invoice discrepancies roust be made within 30 days of receipt. In case of shipping damage, please keep all packaging materials and damaged merchandise in the
original outside shipping carton. We will file a claim with the carrier and replace the item at no cost to you.
PER FAR NO 52 232 -25, IN CASE OF DEFFECTIVE INVOICE PLEASE NOTIFY THE FOLLOWING: Hewlett- Packard Company, Attn: GEM Customer Service, 10810 Farnam Drive, Omaha, NE 68154
Phone: 1 -800- 209 -9620
HPVGID
[hp3®
m w e n t HP SINGLE ORDER TERMS
HP BASE TERMS tional license fee, except in cases where the original device becomes inoperable. If a copy is activated on a backup device in response to failure
1. CUSTOMER ORDERS. Orders will be governed by these HP Single Order Terms "Terms must specify a "ship to" address and have a deliv- of the original device, the Use on the backup device must be discontinued when the original or replacement device becomes operable. Customer
ery date within ninety (90) days from the order date unless otherwise provided in a Transaction Document. Orders are subject to acceptance by may not copy the Software onto or otherwise Use or make it available on, to, or through any public or external distributed network. Licenses that
HP and may be canceled by Customer at no charge up to five (5) business days prior to the scheduled shipment date, allow use over Customer's intranet require restricted access by authorized users only. (c) Customer must reproduce all copyright notices that
2. PRICES AND TAXES. Product and Support prices are specified in the current published HP price list at the time HP receives Customer's order, appear in or on the Software (including documentation) on all permitted copies or adaptations. Copies of documentation are limited to internal
or in a valid Transaction Document, are subject to change prior to HP's acceptance of Customer's order unless stated otherwise in a Transaction use. (d) Not withstanding anything to the contrary herein, the Software License for certain Software, as identified in Transaction Documents, is
Document, and, unless changed by HP in accordance with these Terms, are valid for ninety (90) days after HP's acceptance of Customer's order non transferable and for use only on a computer system owned, controlled, or operated by or solely on behalf of Customer and may be fulther
(or fewer, it set forth in a Transaction Document). Prices are exclusive of, and Customer shall pay, all taxes, duties, levies or fees, or other Simi- identified by HP by the combination of a unique number and a specific system type "Designated System and such license will terminate in the
lar charges imposed on HP or on the Customer by any taxing authority (other than taxes imposed on HP's income) related to Customers order. event of a change in either the system number or system type or an unauthorized relocation, or if the Designated System ceases to be within the
3. DELIVERY, INSTALLATION AND RISK OF LOSS. HP will deliver hardware Products by arranging shipping to the "ship to" address specified in possession or control of Customer. (e) Operating system Software may only be used when operating the associated Hardware in configurations
Customer's order. HP may deliver other Products and ancillary items electronically. Transportation and handling charges are payable by Customer as approved, sold, or subsequently upgraded by HP or an HP business partner. (f) Customer will not modify, reverse engineer, disassemble,
and will be specified in an HP invoice or Transaction Document. Special packing or shipping arrangements will be charged separately to Customer. decrypt, decompile, or make derivative works of the Software. Where Customer has other rights mandated under statute, Customer will provide
It HP is unable to meet Customer's Product delivery requirements, Customer may cancel that order, and such cancellation is Customer's sole HP with reasonably detailed information regarding any intended modifications, reverse engineering, disassembly, decryption, or decompilation
remedy. It HP provides installation services. Customer will make available facilities that meet HP published site guidelines that will be provided to and the purposes therefore. (g) Use of the Software by or for purposes of providing services to any person or. entity other than Customer must
Customer upon request. Upon delivery, Customer will place each item of Hardware in its designated location. Installation is billed at HP's be authorized in writing by HP prior to such Use and may require additional licenses and fees.
published installation charges unless quoted as part of the Hardware purchase price. Installation by HP is complete when the Hardware passes 6. License Term and Termination. Unless otherwise specified in a Transaction Document, the Software License granted Customer will be
HII standard installation and test procedures. Customer may only use firmware embedded in the Hardware to enable the Hardware to function perpetual, provided however that HP may terminate the Software License upon notice for failure to comply with these Terms. Immediately upon
in accordance with its Specifications. Risk of loss or damage, and title to Hardware, will pass to Customer and acceptance will occur upon deliv- termination of the Software License or upon expiration of any individual limited term license, Customer will destroy the Software and all copies of
ery to the "ship to" address or, it special shipping arrangements are agreed to, upon delivery to Customer's carrier or designee. the Software subject to the termination or expiation or return them to HP. Customer shall remove and destroy or return to HP any copies of the
4. PAYMENT. Customer will pay, without offset, all invoiced amounts within thirty (30) days of HP's invoice date. HP may change credit or Software that are merged into adaptations, except for individual pieces of data in Customer's database. Customer. may retain one copy of the
payment terms for unfulfilled orders it, in HP's reasonable opinion, Customer's financial condition, previous payment record, or relationship with Software subsequent to termination solely for archival purposes ony. At HP's request, Customer will certify in writing to HP that Customer has
HP merits such change. HP may discontinue performance if Customer fails to pay any sum due, or it after ten (10) days written notice Customer complied with these requirements.
has not cured any other failure to perform under these Terms. HP retains a security interest in or title to Products until payment. Customer shall 7. License Transfer. Customer may not sublicense, assign, transfer, rent, or lease the Software or the Software License to any other parry except
execute any paperwork required by HP to effectuate or perfect any security interest or retention of title. as permitted in this section. Except as provided in 5(d) above, HP Branded Software Licenses are transferable subject to HP's prior written author
5. WARRANTY PROVISIONS. HP warrants HP Branded Hardware against defects in materials and workmanship under normal use during the ization and payment to HP of any applicable fees or compliance with applicable third parry terms. Upon transfer of the Software License Customer's
warranty period and that it will materially conform to its Specifications for the time specified in the applicable Transaction Documents. HP Branded rights under the License will terminate and Customer will immediately deliver the Software and all copies to the transferee. The transferee must
Hardware may contain used parts that are equivalent to new in performance and reliability and are warranted as new. HP does not warrant that agree in wr0ng to the terms of the Software License, and, upon such agreement, the transferee will be considered the "Customer' for purposes
the operation of Hardware will be uninterrupted or error free, or that Hardware will operate in Hardware and Software combinations other than as of the license terms. Customer may transfer firmware only upon transfer of the associated Hardware.
expressly required by HP in the Product Specifications or that Hardware will meet requirements specified by Customer. Upon notice of a valid 8. U.S. Federal Government Use. If the Software is licensed for use in the performance of a U.S. Government prime contract or subcontract,
warranty claim during the warranty period relating to HP Branded Hardware, and if provided reasonable access to the HP Branded Hardware, HP Customer agrees that, consistent with FAR 12.211 and 12.212, commercial computer Software, computer Software documentation and technical
will, at its option, repair a defect in the HP Branded Hardware, or correct a material non conformance to Specifications, or replace such Hardware data for commercial items are licensed under HP's standard commercial license.
with Hardware of equal or better functional performance. If HP is unable, within a reasonable time, to complete the repair or correction, or replace 9. Compliance. Customer agrees that HP may audit Customers compliance with the Software License terms. Any such audit would be at HP's
such HP Branded Hardware, Customer will be entitled to a refund of the purchase price paid upon prompt return of such Hardware to HP. Subject expense, require reasonable notice, and would be performed during normal business hours. If an audit reveals underpayments then Customer will
to the terms in Customer's specific Product warranty statement Customer will pay expenses for return of such Hardware to HP. HP will pay expens- immediately pay HP such underpayments together with the costs reasonably incurred by HP in connection with the audit and seeking compliance
as for shipment of repaired or replacement Hardware to Customer. This sub section sates HP's entire liability for Hardware warranty claims. HP with this sub section.
limited warranty statements for Software and Support are contained in the attached HP Software License Terms and HP Support Terms. The 10. Warranty. HP Branded Software will materially conform to its Specifications. It a warranty period is not specified for HP Branded Software,
limited warranties in these Terms are subject to the terms, limitations, and exclusions contained in the limited warranty statement provided for the the warranty period will be ninety (90) days from the delivery date. HP warrants that any physical media containing HP Branded Software will be
Product in the country where that Product is located when the warranty claim is made. A different limited warranty statement may apply and be shipped free of viruses. HP does not warrant that the operation of Software will be uninterrupted or error free, or that Software will operate in
quoted It the Product is purchased as part of a system. Warranties are transferable to another party for the remainder of the warranty period Hardware and Software combinations other than as expressly required by HP in the Product Specifications or that Software will meet requirements
subject to HP license transfer policies and any assignment restrictions and begin on the date of delivery, or on the date of installation if installed specified by Customer. If notified of a valid warranty claim during the warranty period, HP will, at its option, correct the warranty defect for HP
by HP. If Customer schedules or delays such installation by HP more than thirty (30) days after delivery, Customer's warranty period will begin on Branded Software, or replace such Software. If HP is unable, within a reasonable time, to complete the correction, or replace such Software,
the 31st day after delivery. HP is not obligated to provide warranty services and Support for any claims resulting from: (1) improper site prepa- Customer will be entitled to a refund of the purchase price paid upon prompt return of such Software to HP. Customer will pay expenses for return
ration, or site or environmental conditions that do not conform to HP's site specifications; (2) Customer's non compliance with Specifications or of such Software to HP. HP will pay expenses for shipment of repaired or replacement Software to Customer. This sub section 10 states HP's
Transaction Documents; (3) improper or inadequate maintenance or calibration; (4) Customer or third -party media, software, interfacing, supplies, entire liability for warranty claims.
or other products; (5) modifications not performed or authorized by HP; (6) virus, infection, worm or similar malicious code not introduced by 11. Delivery. HP may deliver Software either electronically or on physical media, unless a specific delivery mechanism has been agreed to with
HP; or (7) abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by Customer, or Customer.
other causes beyond HP's control. HP provides third -party products, software, and services that are not HP Branded "AS IS" without warranties 12. Freeware and Open Source. Notwithstanding other statements in these Terms, Software licensed without fee or charge, "Freeware is
of any kind, although the original manufacturers or third parry suppliers of such products and services may provide their own warranties. THE provided "AS IS" without any warranties or indemnities of any kind. Software provided under any open source licensing model is governed sole
WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED IN THESE TERMS ARE EXCLUSIVE. NO OTHER WARRANTY, ly by such open licensing terms which will prevail over these Terms.
WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY HP OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE
EXTENT ALLOWED BY LOCAL LAW, HP DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF HP SUPPORT TERMS
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 1. ORDERING AND CANCELLATION. HP will deliver Support according to the description of the offering, eligibility requirements, service limita-
6. INTELLECTUAL PROPERTY. No rights in copyright, patents, trademarks, trade secrets, or other intellectual property are granted by either parry lions, and Customer responsibilities described in the relevant Transaction Documents. Customer may cancel Support orders or delete Products
to the other except as expressly provided under these Terms. Customer will not register or use any mark or intrrnet domain name that contains from Support upon thirty (30) days written notice, unless otherwise agreed. HP may discontinue Support for Products and specific Support
HP's trademarks (e.g., "HP "hp or "Hewlett- Packard HP will defend or settle any claim against Customer alleging that HP Branded Products services no longer included in HP's Support offering upon sixty (60) days written notice, unless otherwise agreed. If Customer cancels prepaid
or Support provided under these Terms infringes intellectual property rights in the country where they were sold, it Customer: (i) promptly Support, HP will refund Customer a pro -rata amount for the unused prepaid Support, less any early termination fees or subject to any restrictions
notifies HP of the claim in writing; (if) cooperates with HP in the defense of the claim; and (iii) grants HP sole control of the defense or settlement set forth in a Transaction Document.
of the claim. HP will pay infringement claim defense costs, HPnegoliated settlement amounts, and court- awarded damages. If such a claim 2. WARRANTY. HP warrants that it will perform Support using generally recognized commercial practices and standards. HP will re- perform
appears likely, then HP may modify the HP Branded Products or Support, procure any necessary license, or replace the affected item with one Support not performed in accordance with the warranty herein. This sub section 2 states HP's entire liability for Support warranty claims.
that is at least functionally equivalent. If HP determines that none of these alternatives is reasonably available, then HP will issue Customer a refund 3. PRICING AND ADDITIONAL SERVICES. Except for prepaid Support or as otherwise stated in a Transaction Document, HP may change Support
equal to: (i) the purchase price paid for the affected item it within one year of delivery, or the Customer's net book value thereafter, or (ii) if the prices upon sixty (60) days written notice. If Customer allows Support to lapse, HP may charge Customer additional fees to resume Support or
claim relates to infringing Support, the lesser of twelve (1 2) months charges for the claimed infringing Support or the amount paid by Customer require Customer to perform certain hardware or software upgrades. HP will review and assess whether such fees are required, and explain these
for that Support. HP has no obligation for any claim of infringement arising from: (1) HP's compliance with Customer or third party designs, to Customer at the time of the request to return to Support. Additional services performed by HP at Customer's request that are not included in
specifications, Instructions, or technical Information; (2) modifications made by Customer or a third party; (3) Customer non compliance with the Customers purchased Support will be chargeable at the applicable published service rates. Such additional services include but are not limited
Specifications or the Transaction Documents, or (4) Customer use with products, software, or services that are not HP Branded. This sub section to: If Customer requests for Support after HP's local standard business hours (unless Customer has specifically purchased after -hours coverage
6 states HP's entire liability for claims of intellectual property infringement. for the requested Support); (2) Customer requests repair for damage or failure attributable to the muses voiding the applicable limited warranty;
7. RESTRICTED USE. Products, Support, and Deliverables are not specifically designed, manufactured, or intended for use as parts, components, and (3) Customer requests for Support where Customer does not, in HP's reasonable determination, meet the applicable prerequisites and
or assemblies for the planning, construction, maintenance, or direct operation of a nuclear facility. Customer is solely liable if Products, Support, eligibility requirements for Support. Support outside of the applicable HP coverage areas may be subject to travel charges, longer response times,
or Deliverables purchased by Customer are used for these applications and will indemnity and hold HP harmless from all loss, damage, expense, reduced restoration or repair commitments, and reduced coverage hours.
or liability in connection with such use. 4. SITE AND PRODUCT ACCESS. Customer shall provide HP access to the Products covered under Support; adequate working space and
8. LIMITATION OF LIABILITY AND REMEDIES. Except for the amounts in sub section 6 above and damages for bodily injury (including death) facilities within a reasonable distance of the Products; access to and use of information, customer resources, and facilities as reasonably
HP's total aggregate liability is limited to the amount paid by Customer for the Support during the period of a material breach up to a maximum determined necessary by HP to service the Products; and other access requirements described in the relevant Transaction Document. If Customer
of twelve (1 2) months or the Product that in either case is the subject of the claim. EXCEPT FOR CLAIMS BY A PARTY FOR INFRINGEMENT OF fails to provide such access, resulting in NP's inability to provide Support, HP shall be entitled to charge Customer for the Support call at HP's
THEIR INTELLECTUAL PROPERTY RIGHTS AGAINST THE OTHER PARTY, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INCIDENTAL, published service rates. Customer is responsible for removing any Products ineligible for Support to allow HP to perform Support. If delivery of
INDIRECT, SPECIAL, OR CONSEQUENTIAL COSTS OR DAMAGES INCLUDING, WITHOUT LIMITATION, DOWNTIME COSTS; LOST BUSINESS, Support is made more difficult because of ineligible Products, HP will charge Customer for the extra work at HP's published service rates.
REVENUES, OR PROFITS; FAILURE TO REALIZE EXPECTED SAVINGS; LOSS OR UNAVAILABILITY OF OR DAMAGE TO DATA; OR SOFTWARE 5. STANDARD SUPPORT PRODUCT ELIGIBILITY. Customer must purchase the same level of Support and for the same coverage period tor: all
RESTORATION. THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING NEGLIGENCE, MISREPRESENTATION, Products within a minimum supportable system unit (i.e. all components within a server, stooge, or network device) to allow for proper
BREACH OF ANY KIND, OR ANY OTHER CLAIMS IN CONTRACT, TORT OR OTHERWISE. execution of standalone and operating system diagnostics for the configuration. For initial and on -going Support eligibility Customer must
9. DEFINITIONS. Deliverable means the tangible work product resulting from the performance of Support excluding Products and custom maintain all Products and associated hardware and software at the latest HP- specified configuration and revision levels and in HP's reasonable
Products. Hardware means computer and related devices and equipment, related documentation, accessories, parts, and upgrades. HP Branded opinion, in good operating condition. Customer will allow HP, at HP's request and at no additional charge, to modify Products to improve
means Products and Support bearing a trademark or service mark of Hewlett- Packard Company or any Hewlett- Packard Company Affiliate, and operation, supportability, and reliability, or to meet legal requirements. HP maintains tide and Customer shall have risk of loss or damage for
embedded HP selected third party Software that is not offered under a third party license agreement. Product means Hardware and Software loaner units if provided at HP's discretion as part of Support or warranty services and such units will be returned to HP without lien or
listed in HP's standard price list at the time of HP's acceptance of Customer order. Software means machine readable instructions and data (and encumbrance at the end of the loaner period. Customer is responsible for moving Products. If Customer moves the Products to a new location,
copies thereof) including middleware and firmware and related updates and upgrades, licensed materials, user documentation, user manuals, and HP may charge additional Support fees and modify the response times, and Customer may be required to execute amended or new Transaction
operating procedures. Specification means technical information about Products published in HP Product manuals, user documentation, and Documents. Reasonable advanced notice to HP may be required to begin Support for some Products after relocation. Certain Products have a
technical data sheets in effect on the date HP delivers Products to Customer. Statement of Work means an executed document so titled, that maximum usage limit, which is set forth in the manufacturer's operating manual or the technical data sheet. Customer must operate such Products
describes the custom Support to be performed by HP under the Professional Services Terms or Support Terms sections. Support means Hardware within the maximum usage limit. HP provides Support for certain non -HP Branded Products. The relevant Transaction Document will specify avail
maintenance and repair, Software maintenance, training, installation and configuration, and other standard support services provided by HP. ability and coverage levels, and govern delivery of multi- vendor Support, whether or not the non -HP Branded Products are under warranty. HP
Transaction Document(s) means an accepted Customer order (excluding pre printed terms) and in relation to that order valid HP quotations, may discontinue Support of non -HP Branded Products if the manufacturer or licensor ceases to provide support for such Products.
license terms delivered or otherwise made available to Customer with Software, HP published technical data sheets or service descriptions, HP 6. PROPRIETARY SERVICE TOOLS. HP will require Customer's use of certain system and network diagnostic and maintenance programs
limited warranty statements delivered with or otherwise made available to Customer with Products, and executed Statements of Work, all as pro- "Proprietary Service Tools for delivery of Support under certain coverage levels. Proprietary Service Tools are and remain the sole and exclu-
vided by HP, or other mutually executed documents that reference these Terms. Version means a refuse of Software that contains new features, sive property of HP, are provided "as is," and include, but are not limited to: remote fault management software, network Support tools, Insight
enhancements, and maintenance updates, or for certain Software, a collection of revisions packaged into a single entity and, as such, made Manager, Instant Support, and Instant Support Enterprise Edition (known as "ISEE Proprietary Service Tools may reside on the Customer's
available by HP to its customers (also called a "Release systems or sites. Customer may only use the Proprietary Service Tools during the applicable Support coverage period and only as allowed by HP.
10. GENERAL. The parties may do business electronicall including order placement and acceptance. Once accepted, such orders will create fully Customer may not sell, transfer, assign, pledge, or in any way encumber or convey the Proprietary Service Tools. Upon termination of Support,
enforceable obligations subject to these Terms. Such orders and acceptances will be deemed for all purposes to be an original signed writing. Customer will return the Proprietary Service Tools or allow HP to remove these Prcprl:ttry Service Tools. Customer will also be required to: (1)
Customer and HP will adopi cumniercially reasonable security measures for password and access protection_ Products and Support acquired by allow HP to keep the Proprietary Service Tools resident on Customer's systems or sites, and assist HP in running them; (2) install, Proprietary
Customer under these Terms are solely for Customers own internal use and not for resale or sub licensing. Neither parry will be liable for Service Tools, including installation of any required updates and patches; (3) use the electronic data transfer capability to inform HP of events
performance delays or for non performance due to causes beyond its reasonable control; however, this provision will not apply to Customers identified by the software; (4) if required, purchase HP- specified remote connection hardware for systems with remote diagnosis service; and (5)
payment obligations. Customer may not assign any par of its rights or obligations under these Terms without prior written consent from HP. Any provide remote connectivity through an HP approved communications line.
such attempted assignment will be null and void. Assignments of HP Software licenses are subject to compliance with HP's Software license 7, CUSTOMER RESPONSIBILITIES. Customer must maintain a procedure to reconstruct lost or altered Customer tiles, data, or programs that is
transfer policies. Customer who exports, re- exports, or imports Products, technology, or technical data purchased hereunder, assumes responsi- not dependent on the Products under Support. Customer will implement temporary procedures or workarounds provided by HP while HP works
hilly for complying with applicable laws and regulations and for obtaining required export and import authorizations. HP may suspend perform- on permanent solutions. Customer will notify HP if Customer uses Products in an environment that poses a potential health or safety hazard to
ante if Customer is in violation of any applicable laws or regulations. Disputes arising from these Terms will be governed by the laws of the State HP employees or subcontractors. HP may require Customer to maintain such Products under HP supervision and may postpone service until
of California, excluding rules as to choice and conflict of law. All notices that are required under these Terms will be in writing and will be Customer remedies such hazards. Customer will have a representative present when HP provides Support at Customers site. Customer will
considered effective upon receipt. The HP Software License Terms and HP Support Terms are attached to and become part of these Terms. These create and maintain a list of all Products under Support including: the location of the Products, serial numbers, the HP- designated system
Terms represent the entire agreement between HP and Customer regarding Customer's purchase of Products and Support, and supersede and idenfifers, and coverage levels. Customer shall keep the list updated during the applicable Support period. If Customer purchases a Support
replace any previous communications, representations, or agreements, or Customer's additional or inconsistent terms, whether oral or written. In offering that includes documentation updates, Customer may copy such updates only for systems under such coverage. Copies must include
the event any provision in these Terms is held invalid or unenforceable the remainder of these Terms will remain enforceable and unaffected there- appropriate HP trademark and copyright notices. Software updates are subject to the license terms in effect on the date that HP delivers or makes
by. Neither parry's failure to exercise or delay in exercising any of its rights under these Terms will constitute or be deemed a waiver or forfeiture the update available to Customer. HP Support invoices and related documentation will be produced in accordance with HP system standards.
of those rights. Unless otherwise agreed, documents will apply in the following descending order of precedence: if Transaction Documents Additional levels of detail requested by Customer may be chargeable.
consisting of license terms and limited warranty statements delivered or otherwise made available to Customer with Products, it) these Terms, iii) 8. SUPPORTED SOFTWARE. Customer may purchase available Support for HP Branded Software only if Customer can provide evidence it has
all other Transaction Documents. HP SOFTWARE LICENSE TERMS rightfully acquired an appropriate HP license for such Software. HP will be under no obligation to provide Support due to any alterations or
modifications to the Software not authorized by HP or for Software for which Customer cannot provide a sufficient proof of a valid license. Unless
1. License Grant. HP grants Customer a non exclusive, non transferable license to "Use in object code form, the Version or revision of the HP otherwise agreed by HP, HP only provides Support for the current Version and the immediately preceding Version of HP Branded Software, and then
Branded Software specified in an accepted order. For purposes of these Terms, unless otherwise specified in the Transaction Documents, "Use' only when HP Branded Software is used with Hardware or Software included in HP- specified configurations at the specified upgrade or Version level.
means to install, store, load, execute, and display one copy of the Software on one device at a time for Customer's internal business purposes. 9. ACCESSORIES AND PARTS AND MISCELLANEOUS. Customer will connect Products covered under Support with cables or connectors (includ-
Customer's Use of such Software is subject to these license terms and the Use restrictions and authorizations for the Software specified by HP in ing fiber optics if applicable) that are compatible with the system, according to the manufacturers operating manual. HP may provide Support for
Transaction Documents that accompany or are otherwise made available to Customer with the Software (the "Software License In the event of cables, connectors, interfaces, and other accessories if Customer purchases Support for such accessories at the same Hardware service level
any conflict among such terms, the order of precedence will be the Transaction Documents then these HP Software License Terms. There are no purchased for the Products with which they are used. Support does not include the delivery, return, replacement, or installation of supplies or
implied licenses. other consumable items (including, but not limited to, operating supplies, magnetic media, print heads, ribbons, toner, and batteries) unless
2. Third -Party Software. For non -HP Branded Software, the third party suppliers license terms and use restrictions found in the Transaction otherwise stated in a Transaction Document. Parts provided under Support may be whole unit replacements or be new or functionally equivalent
Documents that may accompany that Software will solely govern its Use. or superior to new in performance and reliability and warranted as new. Replaced parts become the property of HP, unless HP agrees otherwise
3. Ownership. This Software License confers no title or ownership and is not a sale of any rights in the Software. Third -parry suppliers are intend- and Customer pays any applicable charges. HP reserves the right and Customer agrees to HP's use of HP- authorized service providers to assist
ad beneficiaries under these Terms and independently may protect their rights in the Software in the event of any infringement. All rights not in the provision of Support.
expressly granted to Customer are reserved solely to HP or its suppliers. Customer accepts Software upon delivery. 10. ACCESS TO HP SOLUTION CENTER AND rr RESOURCE CENTER. Customer will identify a reasonable number of callers, as determined by HP
4. Upgrades. Software updates, upgrades, or other enhancements, it available, may be ordered separately or may be available through Software and Customer "Designated Callers who may access HP's customer Support call centers "Solution Centers Designated Callers must be
Support. HP reserves the right to require additional licenses and fees for Software upgrades or other enhancements or for Use of the Software in generally knowledgeable and demonstrate technical aptitude in system administration, system management, and, it applicable, network
conjunction with upgraded Hardware or Software. When Customer obtains a license for a new Software version, Customer's Software License for administration and management and diagnostic testing. HP may review and discuss with Customer any Designated Callers experience to determine
the earlier version shall terminate. initial eligibility. If issues arise during a call to the Solution Center that, in HP's reasonable opinion, may be a result of a Designated Caller's lack of
5. License Restrictions. (a) Customer may not exceed the number of licenses, agents, tiers, nodes, seats, or other Use restrictions or authorize- general experience and training, the Customer may be required to replace that Designated Caller. All Designated Callers must have the
tions agreed to and paid for by Customer. Some Software may require license keys or contain other technical protection measures. Customer proper system identifier as provided in the Transaction Documents or by HP when Support is initiated. HP IT Resource Center is available via the
acknowledges that HP may monitor Customer's compliance with Use restrictions and authorizations remotely, or otherwise. (b) Unless otherwise worldwide web for certain types of Support. Customer may access specified areas of the HP IT Resource Center. File Transfer Protocol access is
permitted by HP, Customer may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essen- required for some electronic services. Customer employees who submit HP Solution Center service requests via the HP IT Resource Center must
he] step in the authorized Use of the Software. If Customer makes a copy for backup purposes and installs such copy on a backup device, unless meet the qualifications set forth above. Customer will pay for all telecommunication charges associated with using HP IT Resource Center, installing
Otherwise provided in the Transaction Documents, Customer may not operate such backup installation of the Software without paying an add!- and maintaining ISDN links and Internet connections (or HP- approved alternatives) to the HP Solution Center, or using the Proprietary Service Tools.
Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Hewlett- Packard Company Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
_4365523C VMWare Suftware 1_- 054.00
_M194 QR1 4:16669,54 San Storage Shelves 1'j r%jW.0G
Total
I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance
with IC 5- 11- 10 -1.6.
20
Clerk- Treasurer
VOUCHER L03/08 WARRANT NO.
HP ALLOWED 20
13 29 7 eoi MVL
Center Drive IN SUM OF
Chicago, IL 60693
$28,352.00
ON ACCOU6T ffg LTl jL /MON FOR
ND
1202 Information Systems
Board Members
PO T INVOICE NO. ACCT #/TITLE AMOUNT I hereby certify that the attached invoice(s), or
final bill(s) is (are) true and correct and that the
16600 0 materials or services itemized thereon for
final 43666254 32 -01 $'5,498.00 which charge is made were ordered and
received except
20
1 1 Jli
Sig uFe
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund