ORDER NO. 30891 PRODOC LITIGATION SOFTWARE Came to be heard this the 23rd day of June, 2008 with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to approve the funding for the ProDoc software out of the Law Library Fund. 3a~ ~ Cg COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Rex Emerson MEETING DATE: June 23, 2008 OFFICE: TIME PREFERRED: SUBJECT: Consider, Discuss, and take appropriate action to ratify PRODOC litigation software account. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Rex Emerson ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS RQUEST RECEIVED ON: 5:00 PM previous Tuesday @ .M. All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ~. t , c ara ,t, ~f ~~ i h v~lurnes a~r av ladle in eact ~ s b ci iption plc::,. _ ,. ` $~1 ~5 per month 95 per month ~~ ~ Gt ' '~.~ $95 per montF, ~ $75 per month $75 par month, plus lax Includes Attorney -Client Matters and one of these volumes: Attrrney-Giant lViatters • • • • • Business ~Jrganizatiens • • Business ~'Jrganizations State Criminal Defer-,se • • • State Crifr,ina! Defarise t Family La~v* • • Family Law* Foreclosures' • • FvredcstJres' Guardianship • • • Guardianship Landlord-Tenant I-- -• • • Landlord-Tenant Litigation*'` • LitigcFtion PfOI"iate • • • Probate Real Estate' • • Real Estate' Small Estate V~/ills • • • Small Estate'Jdills Federal Criminal Defensa • Federal Criminal Defense Lipman`s Wills & Trucks • -~~r~ EIPMAN`S WILLS AND FRUSTS -This cortiprehensive volume will allow you to handle everytftinct from simple wills to tyre mast complex trusts and estate planning. The volume voas developed especially for ProDoc by Ronald L_ Lipman, who is Baar-d Certified in Estate Plannii~q and Probate Law by tl;e Texas Board of Legal Specialization. FEDERAL CRIMINAL DEFENSE -Take yolJr- criminal practice to Federal Court with this volume, edited by nationally knowrl Houston a-iminal defense attorney Jack Zimmermann. SMALL OFFICE SUITE (SOS') - prcFCtice rnanager7~ent system -Easily manage firrre and billing, calencjaring, organizing clier7ts and cases cFnd much mare. SOS is fully integrcFted with FraDoc so you nnly hcFVe to enter informcFtion once and it autarnatically populates all related Fields. FAMILY LAW FOWERPACI(T"~ PROGRAM -This PowerPack will maximize the efficiency of your FG effec- tiire until accepted by ProDoc as evidenced by delivery of the Software to Licensee. Tfris AgEtvvori;. (Note: "concurrent user" is defined in a preced- ingparagraph.) If the Sothvare is installed on surd-alone comptrters, ~,ne license toil! br used for coot i comptker on vahich the Softwre is installed. If Licensee requires ad- ditional licenses, they maybe added to Licensee's monthly subscrption charge. P,II installations: v,rith the exception of portable computers. must be located at a unique United States Postal address. ,41i users must be employees. partners. members or shareholders of a single Ia4v firm. Licensee may instal! SOS on as many computers as it cheeses at a single site for a single (awfinn. Tres license does not allo,.h+the Installation of ttte Seftw~re in such a manner that it is accessible at more than one site. In the eirent H gat n;onthly payments are not received as provided fc~ in thisAgreement, ProDoc may rP,'lrCakP. the Grant Of License in this P,3reement LATE CHARGES: hAnnthly subscription fees are due and payable to ProDoc at its ofticas in Bexar County, Texas, on the first d.ry of each month in advance without demand. If the monthly fee is not recei~: ed by the 10th day of the month in ~~rfach it is dire, the accoiu-ri t~,ili be considered delin~rent. A late payment fee of $1 S.Oi? ~.vill be assessed far each month an account is delinquent. In the event that a statu- tory provision apphcabfe to government agencies governs the computation of interest or late charges, interest or late charges teal! be computed based on the applic~ale statutory provision. LltutJTED WARRANTY: PRODOC MAKES Pd0 WP,RRP.N- TIES OFP.NY K.IhJD WITH RESFECTTGTHE SOFTWAFE Oft DGCUfAENTATIOPI THIS SPECIFICALLY INCLUDES, BUTTS NG T LIh,11TED T0. A DISCLAJPJIER OFANY' EXPRESS GR 1PAPLI ED ?~IARRPJ'dTI ES CrF MERCHAAIT- ABILITY. OR FITh1ESS FOR AFARTICULAR PURPOSE, OR GF NONINTERFERECJCE'd'4'ITH INFORMRTION. NONINFRINGEf~ENT, OR ACCURACY GF INFORhM,- T10NALCONTENT SOtv1E STATES DG NOTALLC~W LIMITATIGhJS ON IbPLIED't+VARRAPdfIES SO THESE LIIV9TRT10NS MAY NGTP.PFLY TO LICENSEE. EXCEPT AS OTHERWISE PRO'vIDED IN Tl-YSAGREEMENT, FRODOC DISCLAIMSALL Ev;PRESS W'ARRANfIES i1itITH RESPEGTTG THE SOFT'dUARE. THE SOFTWARE IS PROVIDECi "AS LS°. AND THE EhlTIRE RfSKASTG SATiSF.e,CTGRY GUP,UTY. PERFOP,MANCE, ANDAG- CURACY IS'~!ITH LICENSEE. PRGDGC P,rWKES NG ih1,4RRANTY RS TO THE RG~vURRCY OR LEGAL SUF- FfCIEPJGY OFANY DOCUMEPJf COMPUTATION, DPTR OR OTHER MATERIAL PRODUCE[! BY THE SOFT- i1yPRE, THATTHE SOFTW,`tRE 9ALL tv1EETLICENSE'c'S R EQUI REP,9ENTS. OR THAT THE SGFP.NARE P,NDIGF2 ADDITIGNAL SERVICES WILL BE RGCESSiBLE. UNIN- TERRUPTED, TIMELI`, SECURE, GR ERROR FREE, OR THATANY DEFECTS IN THE SOFTUtfARE WILL BE COR- RECTED. NO ADVICE OR ItdFGRfJ~;TIGN. rAMETI-fER ORAL OR UURITTEN, OBTAINED B1' LICENSEE FRGM PRODOC CREATES PAJY WARRAtJf'Y NGT EXPRESSLY MADE HEREiNAP•JD.AhdY ADVICE GR INFGRMATiON OBTAINED BY LICENSEE FROM PRGDOC iS OBTAINED AT LICENSEE'S O'J~'N DISCREnGN A1JD RISK P,NO LIGENSEE'oti7LL BE SOLELY RESPCrPJSIBLE FORAtd'f DAfv1AGE GR LGSSTHATRESULTS FRGM THE USE GF SUCHAD'+,3CE OR iNFGRMATIOh:. LItr11TATI0N ON LIABILITY: THE SOFFutvARE PRO- 'd1DED UNDER THIS AGREEMENT DGES NGT REPLACE THE NEED FOR PROFESSIOhJAL JUDGMENTAS TO THE LEGAL SUFFlGfENC1' RND ACCURRCY OFPJVY MATEP,fAL PRGDUCED BY THE SGFTtRrARE GR AS TO LICENSEE'S ETHICAL OBLIGATiGNS TO CLIENTS. IN NG EVENT i+?+ILL PRODGC BE LIABLE FOR LOST PROF- ITS. LOST DATA BUSltdESS INTERRUPTION OR FOR INDIRECT. SPEGIRL CrR GGNSEGUENTIAL DAMAGES EVEN IF PRGDOC HAS BEEN ADVISED OF THE POSSI- BILITY THEREOF THE LI.ABiLITI` OF PRODOC FOR Al`1Y CAUSE WHATSGEVER ARI SING GUT GFTHIS Pf3REE- MENT 1S LIMITED TO THE.AMOUNT PAID BY LICENSEE UNDER THIS AGREEMENT RGNALD L. L(Pb4AN Af~3 LIPtv1ANAN'S WILLS AND TRUSTS, LTD. ARE fNTENDED THIRD PARTI` BENEFIClARiE4' OFTHE LIMITA7JGfJS OF LIABILITY UNDER THIS AGREEh~tEt~1T DEFAULT: In the went of Licensee's default under this Agrremer>t; a if spat is brougl;t for collection or enforcement through any jrxJicial proceeding, Licensee agrees to pay ProDoc a!I costs of collection arnd enforcement, indudir>g reasor~ahle attomey s fees and court costs, in addition to other amounts due. In the event of default, alt arnrunts due to ProDoc st>;all accrue interest at the highest rate allota{ed by later. GENERAL: In the event the terms of this Agreement conffief with any other representations, either express or implied, made by any person or eery materials employed ray. produr..ed by. cr supf;lied by ProDoc, the previsions of this Agreement shall prevail. All priers and terms are subject to change by ProDoc and changes are effects+e 30 days after notice of the ohange is puhAished. This Agreement shaft br governed by acrd construed in accordance t'+nth the laws of tl-ie State of Texas. If arty provision of this Agreemerd is held by a court of competer>f jurisdiction tc be illegal, invalid, ar unenforceable then the praa~ision shall be severed and the other provisions t~rll remain in full for..e and effect. Venue for any cause of acfion arising under or related to this A~arrement is in Bexar Gouniy Texas far state I.NV matters arxJ in the Western Diskrict of Texas. San Antunie Division for federal late matters. Yorrc signature on this Agreement constitutes express written cons~tt for ProDoc to send informakion to you for any purpose via facsimile transmis- sion or by text messagirxJ to amy wireless device number that you provide to ProDoc, and constitutes express consent for FmDoc to contact you via telephor~ or zlectranic mail, or via arny wireless telept~ne number that you pro~~idr to ProDoc. Failure by ProDoc to exercise ~,y of its rights under this P,greemerrt ~.vilt not vv~ve FroDnc's ability to exercise those rights at a later date. Far office use only: Get the rest of June and July FREE! LICENSEE Firm Name: By: -------- ------- ----- (aftomry's signature regr_ered} Dated; Bar #: Jurisdiction: Printed Namefl'itle: PLEASE [061 PLETE AND FAX TO $66.2$492t $. 0112003