(EST PUB DATE) MISC RE GOOGLE INC. ACCOUNT WITH WELLS FARGO BANK

• Document Type: FOIA
• Keywords: CONTRACTS
• Keywords: GOOGLE INC
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001487903
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 6
• Document Creation Date: June 22, 2015
• Document Release Date: September 29, 2008
• Case Number: F-2007-00886
• Publication Date: January 1, 2004

Customer (Full Legal Name):
Address:
City, State,
Zip:
Phone:
Fax:
Email:
Purchase Order # (Required):
Google Search Appliance TM
Number of
Collections
Google Search
Appliance TM
(b) (4)
(b) (6)
Bill to, Ship to:
VAT or applicable tax #:
Software
Revision #
Number of
Documents
Price Valid
Until
Total Fees (excluding applicable taxes ) , $
Shipping Method: Deal Type: Direct Sale
Sales Region: U.S.
GOOGLE TO COMPLETE THIS SECTION UPON RECEIPT
2400 Bayshore Parkway
Mountain View, California
94043
Shipment Date
Payment Date (Order Form Number
Appliance Fees Per
Unit
Order Form
Supplement #
Order )rm Terms anti Conditions
1. Incorporation of License Agreement. This Order Form is subject to and incorporates bwhichy the
herms aand ndhas itions
of the Google, Inc. License Agreement for the Google Search Appliance, a copy of is attached accepted by Customer (the "Agreement"). This Order Form and the Agreement shall become effective as of the Effective Date
set forth above. All capitalized terms used herein have the meanings stated in the Agreement, unless stated otherwise.
2. Payment Terms. Customer shall pay to Google Fees the
shall amount taxesh including sales, use personal property,-
without any reduction for, any and all taxes. Customer pay any
added, excise, customs fees, import duties or stamp duties or other taxes and duties imposed by governmental agencies of
added, uea
whatever kind and imposed with respect to all transactions and Order Forms under the Agreement, including penalties and
interest, but specifically excluding taxes based upon Google's net income. When Google has the legal obligation to collect such
taxes, the appropriate amount shall be invoiced to and paid by Customer upon receipt of invoice or other notification, unless
Customer provides Google with a valid tax exemption certificate authorized by the appropriate taxing authority. Customer shall
provide to Google original or certified copies of all tax payments or other evidence of payment of taxes by Customer with
respect to transactions and Order Forms under the Agreement.
 Date"), and all such Fees shall be non-refundable. Delinquent payments shall Dear UnVIODL
percent (1.5%) per month (or the highest rate permitted by law, if less) from the Payment Date until payment is received in full
by Google. Customer will be responsible for all reasonable expenses (including attorneys' fees) incurred by Google in collecting
unpaid or delinquent amounts, except where such unpaid or delinquent amounts are due to billing inaccuracies attributable to
Google. All payments due are in U.S. dollars unless otherwise indicated above. Payments made via wire transfer must include
the following instructions:
Wells Fargo Bank ABA#iv f I lu. Account
Palo Alto California USA Goog
3. Technical Support Services ("TSS"). In consideration of Customer's payment to Google of the Fees, Google shall provide TSS
for the period of time equal to the Term (the "Support Period"). At any time during the Support Period, Customer may purchase
additional TSS Support Incident bundles at the then current rate in effect. All TSS shall be provided in accordance with the then
current Google Search Appliance Technical Support Services Guidelines in effect, located at the following uniform resource
locator: httto:/lsupoort.aoogle.com (or such other URL as may be updated by Google). Unless otherwise agreed in writing, in
order to receive TSS, Customer agrees to provide Google with full and timely access to the Appliance at reasonable times,
including shipping the Appliance to Google if requested. Failure to provide such access will be at Customer's own risk and
without liability to Google.
4. Purchase Order. On or before the Payment Date, Customer shall issue a purchase order to Google with the Purchase Order
Number set forth above ("Purchase Order").
5. Shipment. No shipment will occur prior to Google's receipt of a complete and duly executed Order Form. If Google reasonably
deems itself insecure with respect to Customer's ability to meet its financial obligations under this Order Form, Google may, at its
option, require advance payment or other reasonable forms of security prior to shipment.
6. Authority. By signing this Order Form, Customer represents and warrants that (i) it has read and understands the Google, Inc.
License Agreement for the Google Search Appliance that is incorporated by reference herein and agrees to be bound by its
terms, and (ii) it has full power and authority to accept these Order Form Terms and Conditions.
7. Publicity. Customer hereby consents to Google's inclusion of Customer's name in a customer listing, Customer shall permit
Google to issue a press release after the Effective Date, announcing that Customer is using Google's technology and services,
including the Product(s). Google will provide a draft of and obtain Customer's prior written approval (which shall not be
unreasonably withheld) of the content of any press releases announcing that Customer is using Google's products or technology.
Google Inc. Customer:
By: By:
Print Name: Joan Braddi Print Name:
Title: Vice President Search Appliance Sales & Support Title:
Date: - Date:
 LICENSE AGREEMENT
Google Search Appliance TM
o be reinto fo an herein n "Google,
This License Agreement for the Google Search Appliance TM (theCAgomment,Cust made and en by
forth
Form") set
der
Inc. C'Google") and the customer identified in the Order Form (' order
the "Your". . This s Agreement and nd the corresponding Google order form by such P ducts.hTheuO der Formcertaishaln be governed by th is
terms and conditions under which You may license and use
consid
Agreement. this
and in
the
ration of 1. LICENSE GRANT. Subject to the tems set forth o~o?dnti~~e Order Formreement
("Fees) GooglOergrantsr to You (a d Youeagree to
Your payment of all applicable fees and taxes as applicable and provided
executable
homely with) a non-sublicensable, rcomputeresoftwarel~identifedt in thenOrderuFormr inebn ary (as aform r only provided
rie(he
and
herein): } certain Go GooglpropPrietary uter
"Har
(the
hardware
i) certain "Software"), that is installed
form in certain ad ogle by Goog epto its cus omens for used witwar h the P odlucts (the "Documentation").
documentation in the form generally ly The Appliance' and Documentation are
ed and forward
The Software and Hardware are collectively referred to herein as the "Appliance". the
Software
d to You collectively referred to herein as the "Product". A license to
tcetat ngbaen in dex of and earch ngeforlrcontent to atedesolely on
electronically. t t Your use the Products shall be restricted servers ervers are owned and erattoed ed Your y auYou. The riht to serch and access content made available tho zed end-users. You agree to be responsible for the acts band/or Pomisstons of any
re that
forth herein is further limited to indexing the number of
Yua
are also hereby licensed
servers a
such ch end users in breach of of the terms set forth herein. specified license
on the Order Form.
Documents and Collections as defined and further
onl
may
the
use
r
use Any third party component embedded, included Formeand such use shall be subject to alt he terms a d conditions ofthis
conjunction with such Products ordered under the and
CustohmerDts also t reation. for
cumen Agreement. The Products ts are designed for goi~hobthe taining or povid ng a such oequipmentries specified
assumes no responsibility under this Agreement ensuring a proper environment and proper utilities for the computer system on which the Products will operate.
2. OWNERSHIP; RESTRICTED USE. For purposes of this Agreement, "Intellectual Property Rights" means any and all
rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trde secret
law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, any now
and
hereafter
a d/or i s licensors, ex ept thatotit a to the
wnership and all applications, renewals, extensions
Rights and too the Products shall ems n in Googl force
Yo ptof and
rights, title, and Intellectual Property
R Rights further
and to the content
Hardware shall pass ass to You upon on receipt of all Fd mited all
AFees by Google greement. All ownership " r ghts, title, and Intellectual Pr'olpee rty shall
accessed such Hardware pursuant this of the applicable content owner and may be protected by copyright and/or other
accessa ed through ugh the Appliance is s the property
applicable laws.
disassemble, or reverse engineer the
You agree not to, or to allow others to: (i) adapt, alter, modify, decompile, translate,
Product or any component thereof, including without (ii) halter the of Documents sand /or
Software (except to the extent applicable laws specifically prohibit the Software o except as provided i r
sell,
Collections authorized for Your use; (iii) create license keys that enable the Software; (iv) copy , loan,
as defined below;
co Activities
ent thereof I orr(vi )f shiper, divlert, t ansship, transfer, a port or re-
use Section 3v) use the Product High Risk
bureau purposes the e Product Y compo
etimesharing service
export the Products any m component the U S. Commerce Departments Bureau of Export Administration, the U U.S. Department
of restrictions, or administered
ign Assets ste tered by y agency of Treasury's regulations s Office of Foreign AControl or any otr in ohrelapng othe source code of the Software. avoidance of doubt, nothing in
this Agreement grants to You any rights whatsoever symbols, labels, appearing Any trade names, trademarks, service marks, logos, trade dress, , and any other distinctive distinc
tn ctivve e or proprietary
roprietaop a ry s or m the Product
eans
designs or designations ("Brand Features") as well as any copyright other proprietary
oth
(or
box
search
ion, t
provided by
used by shall be maintained and shall not removed, ultsit ad or altered by You. At Your conspicuously d splaytan unelte ed graphic in theefor
at:
Gend user to enter a search nuery ry) and/or res p 9es may Google for or the purpose of identifying that the search funceio updated 'd by by Google)e and Such may link graphic to the may be Google site located accessed at:
nr,nnle,com (or such other URL as may b r hic shall be subject to
?w gnOgle corn/$tickers.html (or such other URL as may be updated by Google) and all use of such g ap
Google's then current brand Feature guidelines and policies in effect.
Neither party shall use any Brand Features of the other party in any news release, public announcement, advertisement, or other
Brand
form of publicity without securing the prior written consent of the other party. All use by Google nadvert Features
(including any goodwill associated therewith) shall inure to the benefit of Customer and all use by Customer of Google's Brand
with challenge
rights not
respect to
Features (including any goodwill associated therewith) shall inure to the benefit of Google. Each party agrees
assist others to challenge the other party's Brand Features or registration thereof (except to protect such party's
 its own Brand Features) nor shall either party a