4Clicks GS-35F-0392P PA-0070 Pricelist

MAS Mu l t i p l e A w a r d S c h e d u l e

6735 PALMER PARK BLVD. COLORADO SPRINGS, CO 80915

PH. (719) 574-7721 FAX.(719) 466-6494

WWW.4CLICKS.COM

OTHER THAN SMALL BUSINESS SIN 511210: Software Licenses SIN 611420: Information Technology Training

ANCILLARY: Ancillary Supplies and Services

CONTRACT NUMBER: GS‐35F‐0392P PERIOD COVERED BY CONTRACT: MARCH 27, 2004 – MARCH 26, 2024 PRICELIST CURRENT THROUGH MODIFICATION # PA‐0070 DATED 06/15/2021 G e n e r a l S e r v i c e s A d m i n i s t r a t i o n ‐ F e d e r a l S u p p l y S e r v i c e Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Supply Service’s Home Page via the Internet at http://www.fss.gsa.gov/

1

COMPANY INFORMATION

1a. Table of awarded special item number(s) with appropriate cross‐reference to item descriptions and awarded price(s).

SIN DESCRIPTION LOCATION IN

PRICELIST

511210 Includes both term and perpetual software licenses and maintenance.

NOTE: Subject to Cooperative Purchasing Attachment I

611420

Includes training on hardware, software, cloud, and other applicable

systems.

NOTE: Subject to Cooperative Purchasing

Attachment II

ANCILLARY

Ancillary supplies and/or services are support supplies and/or services

which are not within the scope of any other SIN on this schedule. These

supplies and/or services are necessary to compliment a contractor's

offerings to provide a solution to a customer requirement. This SIN may

be used for orders and blanket purchase agreements that involve work

or a project that is solely associated with the supplies and/or services

purchased under this schedule.

NOTE: When used in conjunction with a Cooperative Purchasing eligible

SIN, this SIN is Cooperative Purchasing Eligible.

Not applicable

1b. Lowest Priced Model for Each SIN:

SIN PART NUMBER PART NAME GSA NET PRICE

511210 4C‐e4CK‐4630C‐M

e4Clicks Basic Project Estimator

Cost estimating for small facility owners and

subcontractors. Includes free eTakeoff viewer!

MONTHLY SUBSCRIPTION

57.43

611420 4C‐TRNG‐8810 e4Clicks printed Training Guide includes

shipping 67.00

ANCILLARY Not applicable Not applicable Not applicable

1c. Labor Category Descriptions and Hourly Rates

Not applicable.

2. Maximum Order

511210 $500,000 250000 $250,000

ANCILLARY $250,000

2

3. Minimum Order

$100.00

4. Geographic Coverage

Domestic Delivery only.

5. Point(s) of Production (city, county, and State or foreign country)

USA

6. Discount from list prices or statement of net price

Prices shown in this pricelist are NET prices; basic discounts gave been deducted.

7. Quantity Discounts

RSMeans Electronic Titles Only under 511210: 20% discount on RSMeans electronic titles per invoice which exceeds $50,000 for the RSMeans electronic titles purchased.

RSMeans Paperback Publications Only under ANCILLARY: 3% discount if 10 or more items (mix or match) are ordered on a single delivery order.

8. Prompt Payment Terms

None

9. Foreign Items

None

10a. Time of Delivery After Receipt of Order (ARO)

511210: 10 days ARO 611420: Negotiated for each task order

ANCILLARY: 30 days ARO

10b. Expedited Delivery

Contact Contractor

10c. Overnight and 2‐day delivery

Contact Contractor

10d. Urgent Requirements

Contact Contractor

11. F.O.B. Point(s)

Destination

12a. Ordering Address

4Clicks Solutions, LLC. P.O. BOX 76884 Colorado Springs, CO 80970

3

12b. Ordering Procedures

For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA’s) are found in Federal Acquisition Regulation (FAR) 8.405‐3.

13. Payment Address

4Clicks Solutions, LLC. P.O. BOX 76884 Colorado Springs, CO 80970

14. Warranty provisions

Standard Commercial Warranty unless otherwise specified.

15. Export packet charges

Not applicable.

16. Terms and conditions of rental, maintenance, and repair

Not applicable.

17. Terms and conditions of installation

Not applicable.

18a. Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices

Not applicable.

18b. Terms and conditions for any other services

Not applicable.

19. List of service and distribution points

Not applicable

20. List of participating dealers

Not applicable.

21. Preventive Maintenance

Not applicable.

22a. Special attributes such as environmental attributes

Not applicable.

22b. Section 508 compliance information is available on Electronic and Information Technology (IT) supplies and services at www.4clicks.com. The EIT standard can be found at: www.section508.gov.

4

23. Unique Entity Identifier (UIE) Number

UIED: KN7FKNSG2LW4 DUNS: 012831116

24. Notification regarding registration in the System for Award Management (SAM) Database

4Clicks Solutions, LLC. Is registered with the SAM database.

5

ATTACHMENT I 511210 Software Licenses

PRODUCTS & PRICING

Equipment Compatibility:

Microsoft Windows 2000, Windows Server 2003, Windows XP, Windows Vista, and Windows 7; Microsoft Explorer 8.0 or above; Microsoft Office Word and Excel are required for spreadsheet exporting and Word document processing; 500 MHZ, 256 MB RAM (1 GB for Vista and Windows 7), 500 MB available disk space; SVGA (800 x 600) monitor – preferably 1024 x 768 or higher; CD‐ROM or DVD drive; keyboard and Microsoft mouse or compatible pointing device.

4CLICKS PROJECT ESTIMATOR IS THE PREMIER COST ESTIMATING AND PROJECT MANAGEMENT SOFTWARE AVAILABLE.

Project Estimator™ exclusively delivers…

A software solution developed “by estimators for estimators”.

Integrated cost estimating, project management, contract management, document management, and visual estimating in a single program.

400,000 line item enhancement RSMeans™ Cost Data (generally available with approximately 80,000 line items) with full descriptions, references, images, and specifications.

Automated Technical Evaluations, enabling Owners to quickly compare Contractor and Owner estimates.

Complete Post Negotiations Memorandums for Contractors to identify the changes that happened during the Owner/Contractor negotiation process.

Embedded project delivery and contract processes – JOC, SABER, IDIQ, SATOC, MATOC, MACC, POCA, BOA

Ability to directly populate government forms.

ESTIMATING

Save time, reduce errors, and improve efficiency

Break free from spreadsheets and let our technology work for you

Quickly access full line item descriptions, notes, takeoffs, crews, pricing info, and more

Easily incorporate your own custom line items or integrate items from any industry guide

Manage multiple estimates within each of your team’s projects

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e4CLICKS BASIC ESTIMATOR

e4Clicks Basic Estimator is a powerful electronic entry level estimating program with a full choice of estimating and takeoff features. This software is designed to help you generate detailed line item estimates quickly and efficiently.

Features:

• Detailed line item estimating • Multiple estimate takeoff methods • Metric conversion capabilities • Cutting and pasting of estimates and estimate line items • Perform quick changes to one or more line items • Document the line items specific requirements and quantity takeoff • Import and export estimates • Sequence estimates quickly and see “what if” scenarios. • Estimates can be printed, exported to Microsoft Excel ™ or Adobe ™ PDF. • Track and manage your projects, including current projects as well as historical completed projects. • Support for multiple electronic pricing guides, mix or match to meet your needs. • Can be hosted on the internet and accessed from any internet enabled computer • Includes Basic eTakeoff™ Plan Viewer

e4CLICKS PROFESSIONAL ESTIMATOR

e4Clicks Professional Estimator starts with the powerful features listed with e4Clicks Basic Estimator and is enhanced with the added benefit of project management support. Both estimating and project management combined in one program.

Features:

• Collect, track and analyze competitive bid information • User defined Ad hoc project reporting capabilities • Track and manage all of your projects in one program • Supports multiple and dual award contracts • Project management milestones for tracking projects from design through warranty. Including site

visits, invoicing, change orders and material submittals and project funding • Power sorting capabilities allow you to sort projects as well as filter projects by year, customer,

location, contract, amount, estimator, project status or many other variables. • Track project locations and project contacts, subcontractors, vendors and customers • Document management makes it a snap to create boiler plate reports and quickly replace tokens

with project level detailed information • Compare current working estimates with similar projects to quickly identify problems before they

occur. • Enables management to share time critical information • Provides audit trail of estimate updates and changes • Line item estimating is enhanced with the ability to include an unlimited amount of detailed notes

as well as engineering calculations at the line item level. • Includes Pro eTakeoff™ Plan Viewer

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e4CLICKS PREMIER ESTIMATOR

e4Clicks Premier Estimator continues with all of the features found in e4Clicks Professional Estimator and adds support for managing one or more contractors and one or more contracts. e4Clicks is the premier estimating and project management software for job order contracts.

Features:

• Track pre‐priced and non‐priced line items and project percentages automatically, this is done at the estimate level, project level and contract level.

• The Contractor can generate a detailed summary of all changes from the contractor’s original proposal to the negotiated and final accepted proposal. This gives you a tracking tool to identify all changes in the project from design to award.

• Comparison reports, technical evaluations, track the owners independent estimate, the contractors initial RFP estimate and all changes prior to award of the contract.

• Developed by SABER/JOC/IDIQ users for SABER/JOC/IDIQ users • You can create custom reports, at the project, estimate, companies and contacts level. • Our development and support teams have years of experience working with our SABER/JOC/IDIQ

clients from around the world. We can provide additional client references at your request. • Online user's guide with custom help for every process • Powerful search engine tools to find unit price line items quickly • We display the complete description of line items, including crew, output, material, labor and

equipment costs • Our RSMeans databases include images, references and easy to understand complete line item

descriptions • Includes Premier eTakeoff™ Plan Viewer. Many estimators are discovering the advantages of

working with electronic plans. eTakeoff allows you to view the plans with powerful zooming and scrolling capabilities. You can switch between e4clicks and your drawings instantaneously, while quickly measuring counts, lengths and quantities.

TERM SOFTWARE LICENSE PRICES (ANNUAL)

Man. Name

Man. Part No. Product Description

GSA Price W/IFF

Warranty Country of Origin

4Clicks

4C‐e4CK‐4660C‐A

e4Clicks Basic Project Estimator Cost estimating for small facility owners and subcontractors. Includes free eTakeoff viewer! ANNUAL SUBSCRIPTION

528.97 1

Year USA

4Clicks 4C‐e4CK‐4660T‐A

e4Clicks Professional Project Estimator Project Management and construction cost estimating for large subcontractors, as well as prime and general contractors. Includes eTakeoff Professional! ANNUAL SUBSCRIPTION

1309.82 1

Year USA

4Clicks 4C‐e4CK‐4660A‐A

e4Clicks Premier Project Estimator Project, contract and contractor management, and construction cost estimating for large facility owners. Includes eTakeoff Premier! ANNUAL SUBSCRIPTION

1712.85 1

Year USA

8

TERM SOFTWARE LICENSE PRICES (MONTHLY)

Man. Name

Man. Part No. Product Description

GSA Price W/IFF


4Clicks 4C‐e4CK‐4630C‐

M

e4Clicks Basic Project Estimator Cost estimating for small facility owners and subcontractors. Includes free eTakeoff viewer! MONTHLY SUBSCRIPTION

57.43 1

month USA

4Clicks 4C‐e4CK‐4630T‐

M

e4Clicks Professional Project Estimator Project Management and construction cost estimating for large subcontractors, as well as prime and general contractors. Includes eTakeoff Professional! MONTHLY SUBSCRIPTION

142.07 1

month USA

4Clicks 4C‐e4CK‐4630A‐

M

e4Clicks Premier Project Estimator Project, contract and contractor management, and construction cost estimating for large facility owners. Includes eTakeoff Premier! MONTHLY SUBSCRIPTION

185.39 1

month USA

e4CLICKS SOFTWARE BUNDLE PRICING:

(All prices are net, discounts have been deducted)

ANNUAL TERM SOFTWARE LICENSE PRICES

Man. Name

Man. Part No.

Product Description

GSA Price W/IFF



19 e4Clicks Basic and one electronic single database

‐ ANNUAL SUBSCRIPTION 901.76

1 Year

USA


19 e4Clicks Basic and two electronic single databases ‐ ANNUAL SUBSCRIPTION

1259.45 1

Year USA


19 e4Clicks Professional and one electronic single

database ‐ ANNUAL SUBSCRIPTION 1682.62

1 Year

USA


19 e4Clicks Professional and two electronic single

databases ‐ ANNUAL SUBSCRIPTION 2040.30

1 Year

USA


19 e4Clicks Professional and Facilities electronic


1 Year

USA


19 e4Clicks Professional and Master Composite electronic database ‐ ANNUAL SUBSCRIPTION

2821.16 1

Year USA

9

ANNUAL TERM SOFTWARE LICENSE PRICES

Man. Name

Man. Part No.

Product Description

GSA Price W/IFF



19 e4Clicks Professional and Assemblies, Facilities, and Master Composite ‐ ANNUAL SUBSCRIPTION

4332.49 1

Year USA


19 e4Clicks Premier and Facilities electronic


1 Year

USA


19 e4Clicks Premier and Master Composite

electronic database ‐ ANNUAL SUBSCRIPTION 3224.18

1 Year

USA


19 e4Clicks Premier and Assemblies, Facilities, and Master Composite ‐ ANNUAL SUBSCRIPTION

4735.52 1

Year USA

RSMEANS ELECTRONIC DATABASES PRICING:

(All Prices are Net, Discounts have been deducted)

RSMEANS PRICES

SIN Man. Name

Dealer / Reseller Part No.

Product Name Product Description

GSA Price W/IFF

Country of Origin

511210 RSMean

s e4CRSM‐

001 One electronic single database

RSMeans Electronic Database One electronic single database (4C‐DATA‐0050‐19 Commercial Renovation; 4C‐DATA‐6580‐19 Concrete & Masonry; 4C‐DATA‐6660‐19 Electrical; 4C‐DATA‐0025‐19 Green Building; 4C‐DATA‐6510‐19 Heavy Construction; 4C‐DATA‐6670‐19 Interior; 4C‐DATA‐6620‐19; Mechanical; 4C‐DATA‐6610‐19 Plumbing; 4C‐DATA‐0030‐19 Residential; 4C‐DATA‐6700‐19 Sitework & Landscape)

372.80 USA

511210 RSMean

s 4C‐DATA‐6830‐19

Two electronic single databases

RSMeans Electronic Database Two electronic single databases

730.48 USA

511210 RSMean

s 4C‐DATA‐6760‐19

Assemblies electronic database

RSMeans Electronic Database Assemblies electronic database

831.23 USA

10

RSMEANS PRICES

SIN Man. Name

Dealer / Reseller Part No.

Product Name Product Description

GSA Price W/IFF

Country of Origin

511210 RSMean

s 4C‐DATA‐0110‐19

Facilities electronic database

RSMeans Electronic Database Facilities electronic database

1138.54 USA

511210 RSMean

s 4C‐DATA‐6820‐19

Master Composite electronic database

RSMeans Electronic Database Master Composite electronic database

1511.34 USA

511210 RSMean

s 4C‐DATA‐6770‐19

Assemblies, Facilities, and Master Composite electronic databases bundle

RSMeans Electronic Database Assemblies, Facilities, and Master Composite electronic databases bundle

3022.67 USA

511210 RSMean

s 4C‐DATA‐0090‐19

Facilities Maintenance & Repair (FMR) electronic database

RSMeans Electronic Database Facilities Maintenance & Repair (FMR) electronic database

806.05 USA

511210 RSMean

s 4C‐DATA‐6780‐19

Assemblies, Facilities, Master Composite and FMR electronic database bundle

RSMeans Electronic Database Assemblies, Facilities, Master Composite, and FMR electronic database bundle

3350.13 USA

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ATTACHMENT II 611420 Information Technology Training

PRODUCTS & PRICING

e4CLICKS ESTIMATOR TRAINING AGENDA AND PRICING

(All prices are net, discounts have been deducted)

Location: Customer Site

Students: Minimum 1 and maximum 12

Schedule: 8:00 AM – 4:00 PM, one hour lunch (time may be adjusted to meet customers schedule)

Description: Participants will gain an understanding of the e4Clicks Project Estimating program. (1) They will receive instruction on how to create and maintain projects and estimates interface with the e4Clicks pricing guides, importing and exporting estimates and how to print estimate reports (2) Participants will receive information about getting started with e4Clicks Project Estimator. From working with Contracts, Customers, Contacts and Contractors, to System Administration, creating and maintaining projects, working with the e4Clicks pricing guides, importing and exporting projects, project and estimate totaling components, printing project and estimate reports.

TRAINING

Man. Name Man. Part No. Products Description GSA Price w/IFF

4Clicks 4C‐TRNG‐8760 e4Clicks one day onsite training 4546.60

4Clicks 4C‐TRNG‐8770 e4Clicks two days onsite training 5743.07

4Clicks 4C‐TRNG‐8780 e4Clicks three days onsite training 6891.69

4Clicks 4C‐TRNG‐8790 e4Clicks four days onsite training 8279.60

4Clicks 4C‐TRNG‐8830 Regional Training Class 856.68

TRAINING – ADDITIONAL COSTS

Man. Name Man. Part No. Products Description GSA Price w/IFF

4Clicks 4C‐TRNG‐8800 Laptop rental, per student 143.58

4Clicks 4C‐TRNG‐8810 e4Clicks printed Training Guide includes shipping

67.00

4Clicks 4C‐TRNG‐8820 Conference Room hosting – offsite training, per day, includes lunch

861.46

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ATTACHMENT III End User License Agreement (EULA)

The 4Clicks Software License Agreement

e4Clicks Project Estimator

e4Clicks Software License Agreement

This agreement is between you (an Ordering Activity, as defined in GSA Order ADM4800.2G and as revised from time to time) and 4Clicks Solutions, LLC, a Colorado limited liability company ("4Clicks"). Please read the terms and conditions of this license agreement (Agreement) carefully before using this SOFTWARE (as defined below). In the event of a conflict between this Agreement and the GSA Schedule contract, the terms and conditions of the GSA Schedule contract shall take precedence over this Agreement.

1.0 OWNERSHIP

The software, together with any associated written materials, binders, related software, trade secrets, and intellectual property, including but not limited to any images, "applets", photographs, animation, video, audio, music, and incorporated text including MEANSDATA TM

Data Files and corresponding unit price books, if any (collectively referred to hereafter as "SOFTWARE") is owned by 4Clicks, its sublicensors, and its suppliers. The SOFTWARE is proprietary to 4Clicks, Its sublicensors, and its suppliers and is protected by United States copyright, trademark, trade secret, and associated intellectual property laws, and by international treaty provisions. The SOFTWARE is licensed, and not sold. You acknowledge and agree that the entire right, title, and interest in and to the SOFTWARE is owned by and shall remain with 4Clicks, its sublicensors, and/or its suppliers. If the SOFTWARE presently or at any time in the future incorporates MEANSDATATM Data Files and corresponding unit price books, you hereby further acknowledge and agree to the terms and conditions contained in Sections 8, 8.1, and 8.2 of this License Agreement. 4Clicks, its sublicensors, and its suppliers, retain all rights not expressly granted in this Agreement.

GRANT OF LICENSE

2.1 Named User Software

If the enclosed SOFTWARE is licensed to you by 4Clicks as "SINGLE USE SOFTWARE" then 4Clicks grants you a non-exclusive right for you or, if you're not an individual, a specific employee designated by you, the right to use one copy of the SOFTWARE in object code form on a single standalone computer (example, with a single CPU) owned, leased or otherwise controlled by you, or on a Named User Computer Network. A Computer Network is any combination of two or more computers (one of which must operate as a network server) that are electronically linked and capable of sharing the use of a single software program. A "Named User Computer Network" is a Computer Network for which you have paid a separate license fee for the SOFTWARE for each specific individual user of the SOFTWARE on the Computer Network. 4Clicks does not license the SOFTWARE for use or sharing by more than one specific individual, even if that use is not concurrent, unless you have purchased a separate license and paid an additional license fee for each additional individual using the SOFTWARE. A copy of the SOFTWARE stored on hard disk on a network server for the sole purpose of use by network workstations is not deemed to be in use on the network server.

You agree to have a reasonable mechanism in place to assure that only those individuals designated as named users may use the SOFTWARE.


2.2 Concurrent Use Software

If the enclosed SOFTWARE is licensed to you as "CONCURRENT USE SOFTWARE" then 4Clicks grants to you a non-exclusive right to use one copy of the SOFTWARE in object code form on a Licensed Computer Network which is owned, leased or otherwise controlled by you, A Computer Network is any combination of two or more computers (one of which must operate as a network server) that are electronically linked and capable of sharing the use of a single software program. A Licensed Computer Network is a Computer Network for which you have licensed one copy of the SOFTWARE for each concurrent user of the SOFTWARE on the Computer Network. A copy of the SOFTWARE that resides on a network server for the sole purpose of use by network workstations Is not deemed to be in use on the network server, and therefore does not require an additional license. You agree to have a reasonable mechanism in place to assure that the number of persons using the SOFTWARE concurrently does not exceed the number of licenses.

3.0 INSTALLATION OF SOFTWARE

You assume responsibility for selection of the SOFTWARE to achieve your intended results, and you are solely responsible for installation of the SOFTWARE and for acquisition of such equipment and software as may be necessary for operation of the SOFTWARE.

4.0 OTHER RESTRICTIONS

This is your evidence of license to exercise the rights granted herein and must be retained by you. You may not copy the SOFTWARE, except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, provided that 4Clicks, Its sublicensors and/or its suppliers proprietary legends and copyright notices are reproduced on such copy, or (b) transfer the SOFTWARE to a single hard disk, provided that you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE. You may, after written notification to and consent of 4Clicks store one (1) backup copy of the SOFTWARE at a third-party disaster recovery facility, provided that you obtain such third party's prior written agreement to abide by the terms and conditions of this Agreement. You agree to maintain accurate records of the location of all copies, including archival copies, of the SOFTWARE. You may not rent, lease, reverse-engineer, decompile, disassemble, translate or publish the results of benchmark tests of the SOFTWARE. You may not use the SOFTWARE for service bureau work, for time-sharing arrangements or for the benefit of any third party. You agree to comply with the export laws and regulations of the United States to assure that the SOFTWARE is not exported, directly or indirectly, in violation of law.

5.0 WARRANTY

4Clicks warrants that, for ninety-days (90) from the date of invoice (the "Warranty Period"), (i) the SOFTWARE will perform substantially in accordance with 4Clicks's applicable functional specifications, and (ii) the electronic media on which the SOFTWARE is distributed is free from defects in materials and workmanship. The foregoing warranty is expressly conditioned on your observance of the operating procedures set forth in the written materials accompanying the SOFTWARE, and the terms and conditions of this Agreement. The foregoing warranty shall not apply if the SOFTWARE has been damaged or misused in any respect. 4Clicks does not warrant that the SOFTWARE will meet your requirements or operate uninterrupted or error


free. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4CLICKS DISCLAIMS ANY AND ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Notwithstanding this section 5.0, this Agreement does not limit or disclaim any warranties specified in the GSA Schedule contract.

6.0 EXCLUSIVE REMEDY

Your sole and exclusive remedy for breach of the above warranty Is that 4Clicks shall, if it receives written notice of such breach during the Warranty Period, at its sole option, either (a) correct or cure any reproducible defect In the SOFTWARE in breach of such warranty within a reasonable time by issuing corrected instructions, a restriction, or a bypass, or (b) refund the price paid by you for the SOFTWARE. In the event 4Clicks furnishes a correction or cure pursuant to clause (a), 4Clicks shall warrant such correction or cure for the remainder of the original Warranty Period or sixty (60) days, whichever is longer. Outside the United States, these remedies are not available without proof that you acquired this copy of the SOFTWARE from an authorized source.

7.0 LIMITATION OF LIABILITY

IN NO EVENT SHALL 4CLICKS, ITS SUBLICENSORS, AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE, OR OTHER PECUNIARY LOSS), REGARDLESS OF THE NATURE OF THE CLAIM, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF 4CLICKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF 4CLICKS, ITS SUBLICENSORS, AND/OR ITS SUPPLIERS EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. This clause shall not impair the U.S. Government’s right to recover for fraud or crimes arising out of or related to this Contract under any federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733. Furthermore, this clause shall not impair nor prejudice the U.S. Government’s right to express remedies provided in the Contract (e.g. clause 552.238-72 – Price Reductions, clause 52.212-4(h) – Patent Indemnification, Liability for Injury or Damage (Section 3 of the Price List), and GSAR 552.215-72 – Price Adjustment – Failure to Provide Accurate Information).

4Clicks uses its reasonable efforts to ensure complete, reliable and accurate data. However, 4Clicks makes no guaranty or warranty as to the correctness or sufficiency of any information or data contained in this product and 4Clicks assumes no liability or responsibility in connection with the information or data or their use or applications.

8.0 SUBLICENSE

If the SOFTWARE incorporates MEANSDATATm Data Files and/or corresponding unit price cost books (hereafter "Data File and Books"), you hereby acknowledge and agree as follows: (I) that such Data Files and Books are copyrighted products of RS Means Company, Inc., a


Delaware corporation ("RS Means") the contents of which were created, selected, coordinated and arranged by RS Means through substantial time, effort, money, and creativity, and that Data Files and Books contain proprietary trade secret information of RS Means; (2) not to distribute, sell, transfer, loan, sublicense, publish or disclose the Data Files or Books in whole or in part; and (3) to RS Means' disclaimer or warranties and limitation of liability as follows in Subsections 8.1 and 8.2 provided, however, that you understand and hereby agree that you are not a third party beneficiary in any manner to the extent that any such disclaimer or warranties and limitation of liability obligates 4Clicks to RS Means.

8.1 RS Means – Disclaimer of Warranties

RS MEANS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 4CLICKS ASSUMES FULL RESPONSIBILITY FOR THE SELECTION OF DATA FILES TO ACHIEVE 4CLICKS' INTENDED PURPOSES, FOR THE PROPER INSTALLATION AND USE OF DATA FILES, AND FOR VERIFYING THE RESULTS OBTAINED FROM DATA FILES. RS MEANS IS NOT RESPONSIBLE FOR ANY SUPPORT OR MAINTENANCE OF THE DATA FILES TO 4CLICKS OR ANY OTHER PERSON. THE DATA FILES ARE LICENSED TO 4CLICKS AS IS AND WHERE IS. RS MEANS MAKES NO EXPRESS OR IMPLIED WARRANTY OR GUARANTEE IN CONNECTION WITH THE CONTENT OF THE INFORMATION CONTAINED IN THE DATA FILES, INCLUDING THE ACCURACY, CORRECTNESS, VALUE, SUFFICIENCY, OR COMPLETENESS OF THE DATA, METHODS, AND OTHER INFORMATION CONTAINED THEREIN.

8.2 RS Means - Limitation of Liability

NEITHER RS MEANS NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF DATA FILES SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST DATA, OR PROFITS, ARISING FROM THE USE OF OR INABILITY TO USE DATA FILES OR OF ERRORS OR OMISSIONS THEREIN, EVEN IF RS MEANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RS MEANS' TOTAL LIABILITY IN CONNECTION WITH DATA FILES EXCEED THE AMOUNT OF MONEY PAID TO RS MEANS BY 4CLICKS FOR SUCH DATA FILES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE. 4Clicks acknowledges and agrees that the amounts paid by 4Clicks to RS Means for Data Files reflect the allocation of risks between the parties and the limitations of RS Means' liability hereunder.

9.0 AUDIT

4Clicks may, at any time, either request a signed certification by you verifying that the SOFTWARE is being used in accordance with the terms of this Agreement and/or audit your

use of the SOFTWARE at any time during regular business hours, after reasonable notice and adherence to any security measures the Ordering Activity deems appropriate, to ensure compliance with the terms and conditions of this Agreement.

10.0 U.S. GOVERNMENT RESTRICTED RIGHTS


The SOFTWARE is provided with RESTRICTED AND LIMITED RIGHTS. If the SOFTWARE is supplied to the Department of Defense ("DOD") of the United States Government, the SOFTWARE is classified as "Commercial Computer Software" and the DOD only acquires "restricted rights" as defined in Clause 252.227-7013(c)(1) of DEARS. If the SOFTWARE is supplied to any other unit of the United States Government, the Government's rights are as defined in Clause 52.227-19(b)(2) of FAR or, in the case of NASA, as defined in Clause 1852.227-86(d) of the NASA Supplement to the FAR.

11.0 CONFIDENTIALITY

You acknowledge and agree that:

(i) the SOFTWARE is confidential;

(ii) you will instruct and require all of your employees, agents, and contractors who have access to the SOFTWARE to maintain the confidentiality thereof;

(iii) you will exercise the same degree of care, but not less than reasonable care, to safeguard the confidentiality of the SOFTWARE as you would exercise to safeguard the confidentiality of your own confidential property; and

(iv) you will disclose the SOFTWARE only to those employees, agents or contractors required to have knowledge of same to perform their duties and whom have agreed to abide by the confidentiality obligations of this Agreement. The foregoing confidentiality provisions shall not apply to any information which:

(a) you can demonstrate was in your possession prior to receipt,

(b) is or subsequently becomes publicly available without your breach of any obligation owed the disclosing party;

(c) is disclosed to you without restriction on disclosure by a third party who had the right to disclose such information;

(d) you can demonstrate by written records was independently developed by you without reliance on the SOFTWARE or accompanying written materials; or

(e) is required to be disclosed by law

12.0 TERM

You may terminate this license by returning the SOFTWARE and all copies thereof to 4Clicks.

In the event of termination, you must immediately destroy all copies of the SOFTWARE and notify 4Clicks in writing that all copies of the SOFTWARE have been destroyed or return all copies of the SOFTWARE to 4Clicks.

12.1 Perpetual License. Unless the enclosed SOFTWARE is licensed to you by 4Clicks as a "Limited Term with Maintenance" as defined below, the term of the license shall be perpetual, provided that you do not violate any provision of this Agreement.

12.2 Limited Term License with Maintenance. If the enclosed SOFTWARE is licensed to you by 4Clicks as "Limited Term License with Maintenance" then the license granted to you in Section 2.1 or 2.2 above shall have a term of one (1) year from the date of installation of the


SOFTWARE, upon the expiration of which the license and use of the SOFTWARE shall terminate unless extended as provided herein. Thirty (30) days prior to the termination of the one (1) year term, you will be instructed to contact 4Clicks in order to renew the Limited Term License with Maintenance period. In no event shall the license extend beyond the one (1) year term if 4Clicks does not receive payment from you for an additional term before the expiration of the prior term. If you elect the Limited Term License with Maintenance, 4Clicks agrees to provide the following without additional charge during the term of such limited license:

12.2.1 Telephone technical support during 4Clicks normal business hours;

12.2.2 Upgrades and modifications to the SOFTWARE which are designated by 4Clicks as internal improvements (but not modifications or upgrades that 4Clicks designates as products for which 4Clicks charges separately); and

12.2.3 the correction of all documented errors in the latest standard release of the SOFTWARE to the extent reasonably practical, provided that all internal improvements provided to you have previously been installed.

13.0 CANADIAN LICENSES

If you obtained this product in Canada, you agree to the following: The parties confirm that it is their wish that this Agreement, as well as other documents relating to this Agreement, including notices, have been and shall be written in the English language only. Les parties aux presentes confirment leur volonte que cette Convetion de meme que tour les documents y compris tout avis qui s'y rattache, soient rediges en langue anglaise.

14.0 MISCELLANEOUS

You may not assign, delegate or otherwise transfer this Agreement or your rights or obligations hereunder without the prior written consent of 4Clicks. Any attempted assignment of this Agreement without written consent from 4Clicks shall be invalid and unenforceable. This Agreement may not be amended or modified except in writing and signed by authorized representatives of the party against whom the amendment is sought to be enforced. The waiver or failure by either party to claim a breach of any provision shall not be a waiver of a breach of any other provision or a subsequent breach of the same provision. The sublicensors and suppliers to 4Clicks shall be deemed third-party beneficiaries of this Agreement, to the extent permitted by law. Any notices required or permitted to be given to under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, if to 4Clicks, to the President of 4Clicks Solutions, LLC, Post Office Box 76884, Colorado Springs, Colorado 80970, and if to you, addressed tothe appropriate Contracting Officer of the Ordering Activity.

This Agreement shall be governed by the laws of the United States. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

4Clicks GS-35F-0392P PA-0070 Pricelist

Documents

Transcript of 4Clicks GS-35F-0392P PA-0070 Pricelist