HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9201549CyberArk Software, Inc.
60 Wells Ave. Suite 103
Newton MA 02459
United States
Tel.: 617-965-1544
Fax: 617-965-1644
Quote Number: Q-38821
Quote Issue Date: 10/7/2020
Expiration Date: 10/30/2020
Sales Rep: Rachel Kofman
Prepared By: Rachel Kofman
Customer Name: City of Fort Collins Bill to Name: City of Fort Collins
Customer Contact: Bill to Address: 215 North Mason Street, Fort Collins, CO,
80524, United States
Customer Email:
Contact Phone:
SOFTWARE PRODUCTS
Product
Code
Product Name Description QTY Term
(Months)
List Unit
Price
Volume
Discount
(%)
Net Unit
Price
Net Total
Price
EPM-
TARGET-
WRK-SAAS
EPM for
Workstation -
SaaS
Provides granular admin rights, credential theft protection, and application control for
Windows and Mac endpoints - per endpoint
2,500 12.00 $30.00 T2 - 10% $12.69 $31,725.00
Year 1
EPM-
TARGET-
WRK-SAAS
EPM for
Workstation -
SaaS
Provides granular admin rights, credential theft protection, and application control for
Windows and Mac endpoints - per endpoint
2,500 12.00 $30.00 T2 - 10% $13.07 $32,675.00
Year 2
EPM-
TARGET-
WRK-SAAS
EPM for
Workstation -
SaaS
Provides granular admin rights, credential theft protection, and application control for
Windows and Mac endpoints - per endpoint
2,500 12.00 $30.00 T2 - 10% $13.47 $33,675.00
Year 3
CyberArk Software, Inc.
60 Wells Ave. Suite 103
Newton MA 02459
United States
Tel.: 617-965-1544
Fax: 617-965-1644
Totals
Software $98,075.00
Total $98,075.00
Notes:
Pricing and Payment Terms. Prices are quoted in US Dollars (unless otherwise stated in the quote cover), Ex-Works CyberArk’s selling entity’s facilities (Incoterms 2010). All
prices are exclusive of any present or future sales, revenue, withholding, value-added, or tax, import duty (including brokerage fees, handling and other charges) or other taxes
applicable to the sale of any products and services. Maintenance fees are invoiced in advance of the beginning of the maintenance period (unless otherwise specified in this quote)
and are non-refundable. Fees for professional services are invoiced as incurred. Payment terms are Net 30 of date of CyberArk’s invoice via wire transfer or check, unless otherwise
stated in the quote cover. Professional services performed overnight, during the weekend or a national holiday will be charged at double the quoted price. Quoted PS days may be
utilized as a whole or half-day only, within a year of the date of this quote. Subsequent use at the quoted price is subject to pre-payment of the PS fees during such one year period.
Otherwise, CyberArk's then-current rates will apply.
Please note
If CyberArk has a binding, written agreement with the recipient of this quote that applies to the proposed products and services, then these terms and conditions do not
apply.
Terms and Conditions
Validity
This proposal is valid for thirty (30) days from the Date of Issue, unless otherwise stated in the quote cover. A purchase order pursuant to this quote may be placed
by Customer in any commercially reasonable manner that Customer and CyberArk determine, and such order constitutes an acceptance of this proposal.
Professional Services
Professional services (PS) are rendered on a time and materials basis, at the sole direction of Customer, with no pre-defined deliverables. PS prices exclude
actual travel and expenses to be separately billed to Customer, subject to the cap stated in the quote cover (if any). PS performed outside of business hours,
overnight, during the weekend or on a national holiday will be charged at double the quoted price. Quoted PS days may be utilized within a year of the date of this
quote. Subsequent use at the quoted price is subject to pre-payment of the PS fees during such one-year period. Otherwise, CyberArk's then-current PS rates will
apply. Each engagement to perform PS must be confirmed at least three (3) weeks in advance. If an engagement is canceled or rescheduled by Customer within
three (3) weeks of the scheduled start date, Customer shall compensate CyberArk for non-refundable travel and accommodation expenses actually incurred by
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CyberArk Software, Inc.
60 Wells Ave. Suite 103
Newton MA 02459
United States
Tel.: 617-965-1544
Fax: 617-965-1644
CyberArk. If an engagement is canceled or rescheduled within one (1) week of scheduled start date, Customer shall further be required to pay all PS fees for the
cancelled or rescheduled engagement.
Terms of Sale
No part of this proposal shall be deemed to be part of any contract or warranty unless specifically incorporated by reference into such contract or warranty. The
prices and terms set forth in this proposal are subject to CyberArk’s standard products and services sales terms, including without limitation the product and
service warranties offered by CyberArk. Such standard terms pertain to software licenses, software as a service, maintenance services, hardware and professional
services, as applicable, and are available upon request (together with this proposal, the “Terms”). The Terms may conflict with the terms and conditions affixed to
a purchase orders or other procurement documents issued by Customer, or oral and written exchanges between the parties. In all such cases, except if included
in a signed, express agreement to the contrary, the Terms shall govern and prevail to the exclusion of all other terms, whether oral or written, and CyberArk
expressly rejects any different or additional terms and conditions contained in any such purchase order or procurement document issued by Customer. Fulfillment
of Customer’s order is limited to and conditioned upon the Customer’s acceptance of the Terms, irrespective of whether Customer accepts these conditions by a
written acknowledgment, course of dealings, by implication, or acceptance of and/or payment for products and services ordered hereunder. CyberArk’s failure to
object to provisions contained in any communication from Customer shall not be deemed a waiver of the Terms. Any changes to the Terms must be specifically
agreed to in writing by CyberArk.
Confidentiality
This proposal is confidential and its content may not be disclosed to any third party without CyberArk’s prior written consent.
IP Rights
All rights, title and interest in any and all intellectual property or technology embedded or embodied in CyberArk’s products and services are and shall be at all
times the sole and exclusive property of CyberArk and its licensors.
Product Information
All the information in this proposal and accompanying documentation submitted by CyberArk is provided solely for informational purposes, is not a commitment,
promise or legal obligation to deliver any products, services, features and/or functionalities, and should not be relied upon in making purchasing decisions. The
development, release and timing of any products, services, features and/or functionalities described remains at the sole discretion of CyberArk.
Export Control
The exportation of the products, services, documentation and data provided by CyberArk is subject to compliance with the U.S. Export Administration Act, as
amended, and the rules and regulations promulgated from time to time thereunder, the laws of the State of Israel, and the laws of any country or organization of
nations within whose jurisdiction the Customer operates or does business. Customer agrees not to knowingly export or re-export the products or any part thereof
directly or indirectly, without first obtaining required permission to do so from the United States Office of Export Administration and other appropriate governmental
agencies.
No Further Warranty; Limitation of Liability
ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE LIMITED TO THE EXTENT AND PERIOD SET FORTH IN THE APPLICABLE CYBERARK
STANDARD TERMS OF SALE. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, CYBERARK DISCLAIMS ALL OTHER WARRANTIES,
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CyberArk Software, Inc.
60 Wells Ave. Suite 103
Newton MA 02459
United States
Tel.: 617-965-1544
Fax: 617-965-1644
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO ANY PROVIDED PRODUCT, SERVICE OR DOCUMENTATION.
TO THE FULLEST EXTENT PERMITTED BY LAW: (I) IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES, OR ANY PERSON ACTING ON
THEIR BEHALF BE LIABLE TO THE OTHER PARTY UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE,
MISREPRESENTATION, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES OR LOSS OF DATA, HOWEVER CAUSED, ARISING
OUT OF, OR IN CONNECTION WITH THIS PROPOSAL AND/OR ANY PRODUCTS, SERVICES, OR DOCUMENTATION PROVIDED BY CYBERARK,
WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) THE MAXIMUM AGGREGATE LIABILITY
OF CYBERARK, ITS AFFILIATES AND ANY PERSON ACTING ON THEIR BEHALF ARISING OUT OF OR RELATED TO THIS PROPOSAL AND/OR ANY
PRODUCTS, SERVICES, OR DOCUMENTATION PROVIDED BY CYBERARK SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER
TO CYBERARK DURING THE 12-MONTH PERIOD PRECEDING THE DATE OF THE FIRST CLAIM.
Governing Law
This proposal and subsequent sale by CyberArk are governed by the laws of the Commonwealth of Massachusetts, not including its law of conflicts of laws.
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Sub Total: $98,075.00
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