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File #: 40621    Version: 1 Name: TeamViewer EULA and Indemnification
Type: Resolution Status: Passed
File created: 10/27/2015 In control: BOARD OF ESTIMATES (ended 4/2017)
On agenda: 11/17/2015 Final action: 11/17/2015
Enactment date: 11/20/2015 Enactment #: RES-15-00871
Title: Authorizing Information Technology staff to accept an End User License Agreement with TeamViewer GmbH for licensing and use of certain software, which includes indemnification by the City.
Sponsors: Paul E. Skidmore

Fiscal Note

The cost of the software is $1,350 and will be paid from the Police operating project, RMS Consortium, 10804-31-200.

Title

Authorizing Information Technology staff to accept an End User License Agreement with TeamViewer GmbH for licensing and use of certain software, which includes indemnification by the City.

Body

WHEREAS,  pursuant to APM 1-1,  City employees do not have authority to sign or otherwise enter  into contracts on behalf of the City of Madison without specific authorization through an ordinance or from the Common Council;  and

 

WHEREAS,  software vendors frequently require the person who downloads software for the first time to click on a set of legal terms and conditions referred to as a EULA or End User License Agreement;  and

 

WHEREAS, a EULA is a contract like any other contract, and

 

WHEREAS,  APM 1-1  further prohibits the city from entering into a contract that requires indemnification of another party by the City,  unless permission is specifically granted by the Common Council with the advice of the City Risk Manager, and

 

WHEREAS, the Police Department wishes to purchase TeamViewer software to have the ability to remote control office computers and squad Toughbooks at Police Consortium agencies for the price of $1350.  This software will allow remote control capabilities to office computers and squad Toughbooks outside of the City network for the purpose of providing immediate support and resolution of software and computer issues. This software will save staff time and money by not requiring a site visit for each incident. 

 

WHEREAS, clicking on a software EULA offers no opportunity for the City to negotiate legal terms nor to require the vendor to agree to City of Madison policies such as nondiscrimination or affirmative action;  and

 

WHEREAS, Team Viewer will not negotiate the terms of its EULA; and

 

WHEREAS,  TeamViewer’s EULA  includes a clause that requires the City to indemnify TeamViewer, its parent, partners, subsidiaries,  officers, agents and employees and hold them harmless from third party claims and losses, including reasonable attorney’s fees, resulting from the City’s breach of the EULA, negligent or wrongful acts, or violations of any laws;

 

NOW, THEREFORE, BE IT RESOLVED that a staff person designated by the Information Technology CIO or designee is authorized to click on and accept the terms of TeamViewer GmbH’s EULA on behalf of the City, including indemnification, which has been reviewed and approved by the Risk Manager.