02/21/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
May 30,2001
TO:
James Malloch, Director
Community Services
ATTN:
Anne Layton Rice
Library Administrator
P~ela G. Hanco~
Deputy Clerk LY
FROM:
At the February 21, 2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Subscription Agreement and Order Form between
Monroe County and Lexis-Nexis for subscription to their Newspaper database.
Enclosed please find a duplicate original of the above mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator v.~/o document
County Attorney
Finance
File/'
LEXIS-NEXIS SUBSCRIPTION AGREEMENT AND ORDER FORM
COMMERCIAL ACADEMIC PRICING EFFECTIVE JUNE 1, 1997
Q.
You may subscribe to the Online Services by agreeing to abide by the General Terms and Conditions and the Price Schedule
attached hereto and incorporated herein, as Exhibits A and B, respectively. The General Terms and Conditions and the Additional
Terms represent the entire agreement for access to and use of the Online Services. The General Terms and Conditions are also set
forth in the online TERMS library. In the event of a conflict or variation between the General Terms and Conditions attached hereto
and those appearing in the TERMS library, the latter shall control. Your subscription is subject to acceptance by LEXIS-NEXIS, which
acceptance shall be evidenced by issuing one or more identification numbers to access the Online Services. Subscriber hereby
elects the following menu options as described in the Price Schedule:
--=-
1, HAJ'OR PAPERS WUS054 3 $ $ 75.00
2. $ $
3. $ $
4. $ $
5. $ $
TOTALS $ 75.00
Simultaneous User Discount, if applicable
TOTAL
Print Package Capability? 0 Yes [!] No If yes, Print Cap = ~
-$
$
$
75.00
TOTAL MONTHLY PAYMENT
$
75.00
Does Subscriber want access for the entire organizatioll. a department. or one or more individuals (faculty member or student)?
D Campus/Library
[i] Department
. D Individual
Does Subscriber want Unrestricted Hours of Access or Restricted Hours of Access?
GJ Unrestricted Hours
D Restricted Hours
BY:
Commissioners
SUBSCRIBER:
NAME:
e. If. Ne.l,,(, C-YJ f
(AUTHORIZED su RIBER SIGNATURE NAME)
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TITLE:
DATE:
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LEXIS-NEXIS SUBSCRIPTION AGREEMENT
Order Fonn - Page 2
Commercial Academic Pricing
June 1, 1997
1.
2.
Organization Name:
MONROE COUNTY PUBLIC LIBRARY
Address:
700 Fleming S~reet
Monroe
State: FL
4. Country: USA
Zip: 33040
City: Key West
3.
5.
County:
Telephone Number:
305-292-3595
6. Telecopier Number:
305-295-3626
7. E-Mail Address:
8. Invoice Address (if different than 2)
9.
Name of Contact and Telephone Number for the following:
Installation: Lori Kelly, Headquarters Librarian
305-292-3595
305-292-3595
305-292-3594
Billing:
Valerie Moore, Business Manager
Policy/Legal Notification: Anne Layton Rice
SchedulinglTraining:
10. Tax Exempt Gf Yes (attach proof of exemption) 0 No
11. Require P.O. number on invoice: 0 No 0 Yes, P.O. Number:
12. Type of Software: 0 DOS 0 Windows 0 Windows 95 0 MAC
Size: 03.5" or 05.25" Quantity:
13. Credit Information (select either A or B)
o A. Checkfree@ Payment Method (select checking account, Mastercard, Visa, or Amex. I authorize my bank to make any payment by the method
indicated below and post it to my account. I understand that I am in full control of my payment. If at any time I decide to discontinue Checkfree, I shall give ten
days written notice to the Billing Department of LEXIS-NEXIS at 9443 Springboro Pike, Miamisburg OH 45342.
Authorized Signature:
181 Other:
WEB
o Checking Account Number (ATTACH VOIDED CHECK):
Bank Name & Address:
o MasterCard 0 VISA 0 AMEX Acct #:
Exp Date:
o B. Bank Reference (notreqUred~youselectChecklreeP8ymentMethod)
Bank Name & Address:
Bank Number:
Account Number:
Bank Contact & Telephone Number:
EXHIBIT A TO LEXIS-NEXIS SUBSCRIPTION AGREEMENT
General Terms and Conditions
Commercial Academic Pricing
June 1,1997
The following terms and conditions govern your use of the LEXIS-NEXIS services (the "Online Services") and the
materials available therein ("Materials"):
1. LICENSE; RESTRICTIONS ON USE
1 .1 You are granted a nonexclusive, nontransferable,
limited license to access and use for research purposes the
Online Services and Materials from time to time made
available to you. This license includes:
(a) The right to electronically display Materials retrieved
from the Online Services to no more than one person at a
time, subject to the Supplemental Terms for Specific
Materials;
(b) The right to obtain a printout of Materials via printing
commands of the Online Services and to create a single
printout of Materials downloaded via downloading
commands of the Online Services (collectively, "Authorized
Printouts");
(c) With respect to Materials that are court cases, court
rules, court briefs, agency-issued documents, agency
regulations or executive branch materials from the United
States, its states or territories (collectively, "Authorized Legal
Materials"), the right to retrieve via downloading commands
of the Online Services and store in machine-readable form,
primarily for one person's exclusive use, a single copy of
insubstantial portions of those Materials included in any
individual file to the extent the storage of those Materials is
not further limited or prohibited by the Supplemental Terms
for Specific Materials;
(d) With respect to Materials that are United States patents
("Authorized Patent Materials"), the right to retrieve via
downloading commands of the Online Services and store in
machine-readable form, primarily for one person's exclusive
use, a single copy of not more than 200 patents at anyone
time; and
(e) With respect to all Materials other than Authorized Legal
Materials and Authorized Patent Materials, the right to
retrieve via downloading commands of the Online Services
and store in machine-readable form for no more than 90
days, primarily for one person's exclusive use, a single copy
of insubstantial portions of those Materials included in any
individual file to the extent the storage of those Materials is
not further limited or prohibited by the Supplemental Terms
for Specific Materials.
1.2 To the extent permitted by applicable copyright law and
not further limited or prohibited by the Supplemental Terms
for Specific Materials, you may make copies of Authorized
Printouts and distribute Authorized Printouts and copies.
1.3 Except as specifically provided in Sections 1.1 and 1,2,
you are prohibited from downloading, storing, reproducing,
transmitting, displaying, copying, distributing, or using
Materials retrieved from the Online Services. You may not
print or download Materials without using the printing or
downloading commands of the Online Services.
1.4 All right, title, and interest (including all copyrights and
other intellectual property rights) in the Online Services and
Materials (in both print and machine-readable forms) belong
to the provider of the Online Services or its third party
suppliers of materials. You acquire no proprietary interest in
the Online Services, Materials, or copies thereof,
1.5 Except as specifically provided herein, you may not use
the Online Services or Materials retrieved from the Online
Services in any fashion that infringes the copyrights or
proprietary interests therein.
1.6 You may not remove or obscure the copyright notice or
other notices contained in Materials retrieved from the
Online Services.
1.7 You may not use information included in the Online
Services or Materials retrieved from the Online Services to
determine a consumer's eligibility for (a) credit or insurance
for personal, family, or household purposes; (b)
employment; or (c) a govemment license or benefit.
1 ,8 Other provisions that govern your use of Materials are
set forth in your applicable price schedule, the Supplemental
Terms for Specific Materials, online descriptions of files,
online notices following file selection, and individual
documents retrieved from the Online Services (collectively,
the "Additional Terms"), all of which are incorporated by
reference into these General Terms and Conditions.
2. ACCESS TO SERVICES
2.1 Only individuals authorized by the subscribing
organization may access and use the Online Services.
2.2 You may not use an identification number to access the
Online Services from outside the country for which it was
issued.
2.3 Your identification number(s) may be restricted from
accessing certain Materials otherwise available in the Online
Services.
2.4 Materials and features may be added to or withdrawn
from the Online Services and the Online Services otherwise
changed without notice.
3. LIMITED WARRANTY
3.1 The provider of the Online Services represents and
warrants that it has the right and authority to make the
Online Services and Materials available pursuant to these
General Terms and Conditions.
3.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION
3.1, THE ONLINE SERVICES AND MATERIALS ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND
THE PROVIDER OF THE ONLINE SERVICES AND EACH
THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY
DISCLAIM ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY
4.1 A Covered Party (as defined below) shall not be liable
for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (a) any errors in or omissions from
the Online Services or any Materials available or not
included therein, (b) the unavailability or interruption of the
Online Services or any features thereof or any Materials, (c)
your use of the Online Services or Materials (regardless of
whether you received any assistance from a Covered Party
in using the Online Services), (d) your use of any equipment
in connection with the Online Services, (e) the content of
Materials, or (f) any delay or failure in performance beyond
the reasonable control of a Covered Party.
4.2 "Covered Party" means (a) the provider of the Online
Services, its affiliates, and any officer, director, employee,
subcontractor, agent, successor, or assign of the provider of
the Online Services or its affiliates; and (b) each third party
supplier of Materials, their affiliates, and any officer, director,
employee, subcontractor, agent, successor, or assign of any
third party supplier of Materials or any of their affiliates.
4.3 THE AGGREGATE LIABILITY OF THE COVERED
PARTIES IN CONNECTION WITH ANY OTHER CLAIM
ARISING OUT OF OR RELATING TO THE ONLINE
SERVICES OR MATERIALS SHALL NOT EXCEED THE
AMOUNT OF YOUR ACTUAL DIRECT DAMAGES.
YOUR RIGHT TO MONETARY DAMAGES IN THAT
AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST ANY COVERED
PARTY.
4.4 THE COVERED PARTIES SHALL NOT BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING
FROM, OR ARISING IN CONNECTION WITH THE
ONLINE SERVICES, MATERIALS, OR THE FAILURE OF
ANY COVERED PARTY TO PERFORM ITS
OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE
OF ANY COVERED PARTY.
5. MISCELLANEOUS
5.1 These General Terms and Conditions, including the
Additional Terms, may be changed from time to time as
described below or by written agreement. Charges and
payment terms may be changed in accordance with your
applicable price schedule; all other provisions may be
changed by the provider of the Online Services immediately
upon notice. Your subscription for access to the Online
Services may be terminated immediately upon notice to the
provider of the Online Services if any change is
unacceptable. Continued use of the Online Services
following any change constitutes acceptance of the change.
5.2 The provider of the Online Services or the subscribing
organization may terminate the subscription for access to
the Online Services. The effective date of termination shall
be ten days after the receipt of an appropriate notice of
termination, unless a later date is specified in the notice.
The provider of the Online Services may suspend or
discontinue providing the Online Services to you without
notice and pursue any other remedy legally available to it if
you fail to comply with any of your obligations hereunder.
5.3 Except as otherwise provided herein, all notices and
other communications hereunder shall be in writing or
displayed electronically in the Online Services by the
provider thereof. Notices shall be deemed to have been
properly given on the date deposited in the U.S. mails, if
mailed; on the date first made available, if displayed in the
Online Services; or on the date received, if delivered in any
other manner. Notices to the provider of the Online
Services should be sent to your account representative.
5.4 The failure of the provider of the Online Services or any
third party supplier of Materials to enforce any provision
hereof shall not constitute or be construed as a waiver of
such provision or of the right to enforce it at a later time.
5.5 The subscribing organization or indMdual may not
assign its rights or delegate its duties under the subscription
to access the Online Services without the prior written
consent of the provider of the Online Services.
5.6 These General Terms and Conditions and the
Additional Terms shall be governed by and construed in
accordance with the laws of the State of Florida.
5.7 Each third party supplier of Materials has the right to
assert and enforce these provisions directly on its own
behalf as a third party beneficiary.
---------------------------END OF EXHIBIT A--------------------
"
EXHIBIT B TO LEXIS-NEXIS SUBSCRIPTION AGREEMENT
Price Schedule
Commercial Academic Pricing
June 1, 1997
These LEXIS-NEXIS ("LN") charges are effective as of June 1, 1997, and shall continue thereafter until the subscribing
organization ("Subscriber") is notified otherwise. The terms and conditions, including charges detailed on the Order Form
page of Subscription Agreement, are offered only to educational institutions, departments within universities or colleges,
faculty members or students thereof. Subscriber warrants that only students, instructors, faculty and employees of
subscriber's school shall access and use the Online Services.
1. SPECIAL TERMS FOR ACADEMIC ACCOUNTS.
LN shall issue to Subscriber identification numbers for
access to and use of the Online Services by students,
faculty members, and staff members for purposes
related to the academic mission or administration of the
institution only. For purposes of this Agreement, a
"student" is a person enrolled in a credit course of study,
a "faculty member" is a person employed by Subscriber
in a teaching or research position, and a "staff member"
is a person employed by Subscriber in an administrative
or support position engaged to assist the academic or
administrative functions of Subscriber. Any person who
does not possess an authorized and valid college or
university identification number is unauthorized.
2. USE OF SERVICES. .
Use of identification numbers issued pursuant to this
Price Schedule must be limited to research directly
connected with academic and/or administrative
functions of Subscriber. Any other use of identification
numbers issued pursuant to this Price Schedule is
strictly forbidden, including but not limited to use
unrelated to Subscriber's academic mission, or for profit
or not-for-profit business activities. If Subscriber
becomes aware of any unauthorized use, it shall notify
LN immediately.
3. MENUS AND MONTHLY CHARGES
Subscriber's access to and use of the Online Services
will be provided as indicated on the Order Form, as
defined herein:
3.1 Menu Description - Access to the materials and
features provided will be limited solely to the menu
selected (the "Menu"). All other access will be
prohibited.
3.2 Menu Number - This number will be used intemally
by LN to provide Subscriber with access to the
appropriate materials.
3.3 Monthly Payment - This monthly charge includes all
costs for access to and use of the Online Services
through the Menu. LN may increase the Monthly
Payment upon thirty (30) days prior written notice only
once each calendar year to be effective on July 1.
3.4 Print Package Option - Subscriber may elect a print
package for the Menu at an additional monthly charge
(the "Print Option"). If this option is elected, Subscriber
may do offline printing, online printing and saving to disk
of materials retrieved from the Menu up to a maximum
amount of print dollars per month (the .Print Capj,
Print dollars are calculated at then current print rates.
Any unused portion of the Print Cap may not be carried
over to the next month. Subscriber will pay then current
rates for offline printing, online printing and saving to
disk of materials retrieved from the Menu in excess of
the Print Cap.
The current print rates are as follows:
Offline printing, online printing and saving to disk of
materials in the NEXIS@ service shall be $2,75 per
document, except that Predicastsdl> (PROMT, MARS,
PROMTP) shall be $4.00 per document, SEC Filings
shall be $15.00 per document or $2.00 per page,
Investext@ reports shall be $50,00 per document or
$7.00 per page, public records shall be $1.00 per
document, and the LEXIS@ service shall be $4.00 per
document or $0.50 per page. The per page rates only
apply for documents with electronic pagination.
3.5 Organization or Individual Plan - Subscriber may
license access to the Online Services for the entire
organization (college, university or departments therein)
or for individual students or faculty members. Prices will
depend upon which plan Subscriber elects.
3.6 Hours of Access - Restricted hours of access
prohibits use of the Online Services during the hours
from 10:00 a.m. to 6 p.m. (local time). Unrestricted
hours will mean anytime the Online Services are
generally available.
4. EQUIPMENT.
Subscriber must use its own equipment to access the
Online Services.
5. TRAINING DISKETTES AND SOFTWARE.
LN shall waive all charges for a reasonable number of
training diskettes and software required to access the
Online Services. LN will provide training to faculty and
staff members only.
6. TAXES.
The charges detailed in this Price Schedule are
exclusive of any state or local sales, use, or similar
taxes. If any such taxes are applicable, they shall be
charged to Subscriber's account. If Subscriber is
exempt from any such taxes, the tax shall not be
charged to Subscriber upon receipt of a certificate of
exemption.
7. PAYMENT TERMS.
All charges incurred by Subscriber, together with
applicable taxes, are payable within ten (10) days after
receipt of an invoice. Amounts which have not been
paid within thirty (30) days after the invoice date are
thereafter until paid subject to a late payment charge at
a rate equal to fifteen percent (15%) per annum (or, if
less, the maximum rate permitted under applicable law).
8. COLLECTION COST.
Subscriber shall be liable for all costs of collection
incurred by LN, including without limitations, collection
agency fees, reasonable attorney's fees, and court
costs, if Subscriber fails to comply with the payment
obligations set forth herein.
9. MISCELLANEOUS.
9.1 Notwithstanding anything to the contrary in Section
5.2 of the General Terms and Conditions, Subscriber
may only terminate this Agreement on the first day of
any calendar month upon sixty (60) days prior written
notice provided to LN.
9.2 Subscriber may elect to change Menus by sending
a new Subscription Agreement to LN to be effective on
the first day of the next calendar month provided it is
received by the fifteenth day of the previous month.
9.3 In the event Subscriber issues a purchase order or
other document relating to the Online Services,
Subscriber agrees that the document shall be for
Subscriber's internal purposes only and shall in no way
modify or affect any of the terms or conditions for
access to the Online Services.
-------------------------END OF EXHIBIT B----------------------