Fillable Compiled Records License Agreement COMPILED RECORDS LICENSE AGREEMENT (Administrative Office of the Courts)

Fill Online, Printable, Fillable, Blank Compiled Records License Agreement COMPILED RECORDS LICENSE AGREEMENT (Administrative Office of the Courts) Form

Use Fill to complete blank online ADMINISTRATIVE OFFICE OF THE COURTS (AR) pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

Compiled Records License Agreement COMPILED RECORDS LICENSE AGREEMENT (Administrative Office of the Courts)

On average this form takes 25 minutes to complete

The Compiled Records License Agreement COMPILED RECORDS LICENSE AGREEMENT (Administrative Office of the Courts) form is 20 pages long and contains:

  • 0 signatures
  • 0 check-boxes
  • 99 other fields

Country of origin: US
File type: PDF

U.S.A. forms for Administrative Office of the Courts

BROWSE ADMINISTRATIVE OFFICE OF THE COURTS (AR) FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
Compiled Records License Agreement
Revised September 28, 2012
Page 1
COMPILED RECORDS LICENSE AGREEMENT - DATA EXTRACTS
This License Agreement (hereinafter, "Agreement") is entered into on the date set forth below
between the Arkansas Administrative Office of the Courts (AOC) and
__________________________________________________________________ (LICENSEE).
LICENSEE'S address is
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________.
LICENSEE'S federal tax identification number is _____________________________________.
This Agreement, entered into pursuant to Arkansas Supreme Court Administrative Order 19 (VI), is for
the purpose of establishing the terms and conditions under which AOC agrees to provide
LICENSEE one or more extracts of court data from AOC's databases of civil, probate, domestic
relations, criminal, and traffic cases in district, circuit and appellate courts . These extracts are
further defined in Article I.
CONTENTS
I.
Definitions
II.
AOC'S Duties
III.
Limits on AOC's Duties
IV.
Licensee's Payment Duties
V.
Licensee's Duties
VI.
Licensee's Other Duties
VII.
Contact Persons and Notices
VIII.
Term and Termination
IX.
Miscellaneous
X.
Signatures
ATTACHMENTS
A.
Extract Fees
B.
Websites, Subsidiaries, Entities, "Doing Business As" Names, and
Other Aliases of Licensee
C.
Licensee Contact Information
Compiled Records License Agreement
Revised September 28, 2012
Page 2
I. DEFINITIONS
A. Contexte - Arkansas case management database of court filings in Arkansas, as provided
and maintained for the clerks of court by AOC.
B. CMS – Legacy case management system used by AOC to collect filing and disposition information from
circuit courts.
C. Monthly Extract – monthly extract of all cases in the Contexte and CMS databases.
D. Transactional Update – Periodic extract of transactional updates to the last monthly extract.
E. Case - a record or group of records constituting a single, independently-filed action.
F. Case number - a reference number used to indicate all records common to a single case,
consisting of the court indicator, case type, year of filing, and sequence number unique to the
court of filing for the case type within the year of filing.
G. Contact persons - the contact persons named in Attachment C of this Agreement and their
successors.
H. Customer - a person who directly or indirectly purchases or acquires from a LICENSEE any data
provided pursuant to this Agreement, whether repackaged, reformulated, reformatted, or copied,
whether for his or her own use or to provide search services to his or her own customers or
subscribers, if said data are transmitted in a format that contains data elements from more than
one case.
I. Data extract - a compilation of criminal or civil case data, extracted from the Contexte or CMS
database(s) and formatted for electronic transmission to LICENSEE.
J. Compiled Data Extract – a one-time custom compilation of criminal or civil case data,
extracted from the Contexte or CMS database(s) and formatted for electronic
transmission to LICENSEE.
K. Disaster recovery mode - any incident or state of operations during which processing or data
storage for any AOC information system is transferred from the system's regular operating
environment to a "backup" or "hot site" for continued operation, as the result of a disaster, including,
but not limited to, damage to, destruction of, or threat to AOC information technology or facilities by
natural disaster, civil disorder, acts of war, terrorist acts, compromise of facility or network
security, or acts of God.
L. File number - see Case number.
M. Inaccurate data - any data reported about a case by LICENSEE to a subscriber, customer, or other
person which data does not match exactly the data for that case as reflected in the compiled
extract file.
N. Person - an individual or an entity, including, but not limited to, corporations, whether for profit or
not for profit, partnerships, limited liability companies, joint venturers, and units and agencies of
local, State, and Federal government.
O. Priority users - officials, officers, employees, agents, and contractors of the Judicial Branch, and of
other State and local government agencies, including, but not limited to, law enforcement agencies
that access Contexte or CMS in order to perform their official duties.
P. Proprietary information - all user identifiers, passwords, computer software, documentation, and
user manuals, if any, supplied by AOC to LICENSEE pursuant to this Agreement.
Q. Recurring data extract - any data extract file produced on a regularly scheduled basis.
R. Subscriber - any person who acquires from LICENSEE the results of LICENSEE'S search of any
records provided to LICENSEE pursuant to this Agreement, or a subset of those records, or the right
to conduct his or her own searches of those records.
S. Performance Bond – a surety bond issued by insurance company or an irrevocable letter
of credit from a federally insured financial institution issued to guarantee performance
under this license agreement.
Compiled Records License Agreement
Revised September 28, 2012
Page 3
II. AOC'S DUTIES
A. Selected Extracts. AOC will provide, based upon acceptance of LICENSEE'S request, the
Contexte and CMS extracts, as defined in Article I of this Agreement.
B. Exclusions. Unless LICENSEE is eligible for data pursuant to Administrative Order VI (B)
(3) and/or VI (B) (5), each compiled data extract will exclude the following: all records that
are not public records under the Administrative Order 19; all records exempt from disclosure
by other statute; all records sealed by order of the court for which they are maintained, and
full social security numbers, driver’s license or equivalent state identification card numbers,
account numbers and PINs of specific assets, liabilities, accounts, and credit cards.
C. User Manual. AOC will provide an inquiry user manual to LICENSEE as applicable for the
data extracts provided.
D. Documentation. AOC will provide file layout and documentation for each data extract
provided.
E. Offense Codes. AOC will provide its most current list of offense codes to any
LICENSEE provided with any data extract.
F. Implementation Dates. AOC will provide a list of dates of implementation of Contexte
and CMS for each court, as applicable for the data extracts provided.
G. Limited Technical Support. AOC will provide limited support to LICENSEE for the
purpose of resolving technical support problems with downloading the data extract files from
AOC's file servers.
H. Support Limitations. Support for use and interpretation of any data received is limited to the
documentation provided pursuant to this Article.
III. LIMITS ON AOC'S DUTIES
A. Data Limits. The data in each data extract provided pursuant to this Agreement are subject
to the following limitations:
1. Data availability is based on the dates Contexte and CMS were implemented in a
particular court; those dates are provided pursuant to Article II of this Agreement. In
some courts, the clerk of court has chosen to enter into Contexte or CMS case data
from dates prior to that court's implementation of Contexte or CMS; for those counties
that data will be included in the relevant extracts.
2. The official custodian of all official court records for each court is the clerk of court. AOC
is not the official custodian of any record provided in any Contexte data extract where
the court is indicated as a full Contexte user. Each data extract may contain data
entered by AOC into the Contexte or CMS databases as reported to AOC by the court.
AOC warrants that the records in each data extract are accurate reflections of the
databases from which they were extracted, but does not warrant the accuracy of the
databases themselves.
3. Use of the data contained in a data extract may not be classified as a certified record
check. A certified report of a criminal record search of a person's record in a particular
county may be obtained from the clerk of court of that county, upon payment of a
statutory search and/or certification fee.
4. AOC is not liable for any damages incurred by LICENSEE resulting from the inaccuracy
or incompleteness of any information in any official court record, provided the extract of
any data matched the relevant database at the time of extraction. It is expressly
understood by the parties that it is LICENSEE'S responsibility to verify information or
data obtained in any data extract with official information reposing at the court of record.
5. AOC is not liable for any demand or claim, regardless of form of action, for any damages
arising from causes beyond the control and without the fault or negligence of AOC.
6. AOC is not liable for any demand or claim, regardless of form of action, for any
Compiled Records License Agreement
Revised September 28, 2012
Page 4
damages resulting from the use by LICENSEE of any computer programs or other
materials provided under this Agreement. AOC has no obligation to maintain or
upgrade any such computer programs provided under this Agreement, except as AOC
deems necessary.
7. If AOC is in disaster recovery mode, AOC is not liable for any demand or claim,
regardless of form of action, for any damages arising from denial of access or inability
to access data from the AOC system.
8. AOC is not liable to LICENSEE for any damages resulting from LICENSEE'S alteration
or modification of data supplied pursuant to this Agreement, unless AOC made,
directed, or required such modification or alteration.
9. AOC is not liable to LICENSEE or any other party for any loss, including revenue;
profits; time; goodwill; computer time; destruction, damage, or loss of data; or any other
indirect, special, or consequential damage that may arise from the use, operation, or
modification of AOC data extracts.
B. Access Limits. LICENSEE'S access to all data extracts provided pursuant to this
Agreement is subject to the following limits:
1. AOC may at any time delay, limit, or deny LICENSEE'S access to the data in the event
the demand on the system resources for LICENSEE'S access would significantly
impair the ability of priority users to perform their normal business functions.
2. Whenever AOC enters disaster recovery mode for any AOC information system,
LICENSEE will not have access to data extracts from any AOC information system
while AOC is operating any information system in disaster recovery mode.
3. LICENSEE'S access to extract files may be suspended temporarily in the event of
system maintenance, system outages, or interruptions of service that does not require
activation of disaster recovery mode.
4. AOC shall make reasonable efforts to provide LICENSEE with prompt written notice of
any delay, limitation, or denial of access and of its anticipated duration, and will
promptly notify LICENSEE when full access is again available.
5. AOC is not liable for any damages incurred by LICENSEE resulting from any delay,
limitation or denial of access, or inability to access, referred to in this Article.
C. No Warranty. Except as expressly provided elsewhere in this Agreement, AOC
makes no warranty whatsoever, of any kind or nature, express or implied, to
LICENSEE. Without limitation on the generality of the foregoing, AOC specifically
disclaims any warranty of merchantability or of fitness for a particular purpose with
respect to any data extract provided pursuant to this Agreement, or with respect to
the data in any such extract. The AOC also specifically disclaims any warranties,
express or implied, for any computer programs and associated materials provided
hereunder, or that the information or data accessed are accurate, correct, or
complete.
D. Limitation of Liability. LICENSEE agrees that any remedy available to LICENSEE
will be limited to a refund of the purchase price of the license.
E. No Assistance to LICENSEE'S Customers. AOC will not provide any support or
assistance of any kind to LICENSEE'S subscribers or customers.
IV. LICENSEE'S PAYMENT DUTIES
A. Fees and Fee Changes. LICENSEE agrees to pay all amounts due under this
Agreement, as described in "Attachment A - Extract Fees," appended to this
Agreement.
B. Payment of Compiled Extract Fees. Fees for compiled data extracts from Contexte or
CMS are non-refundable and will be billed on a one-time basis; payment must be
Compiled Records License Agreement
Revised September 28, 2012
Page 5
received before the extract program is executed. Payment for any compiled extract
must be made to the "Arkansas Administrative Office of the Courts" at the following
address:
Arkansas Administrative Office of the Courts
625 Marshall Street, Justice Building
Little Rock, AR 72201
C. Performance Bond. LICENSEE agrees to execute a performance bond, as described in
Article V, Section B, and as provided on form AOC-A-204 (Performance Bond for License
Agreement), and to be bound by the terms and conditions thereof. Agencies of the State
of Arkansas are exempt from this performance bond requirement.
D. Late Fee. If payment is not received within thirty (30) days of the date of the invoice, a late
fee, as specified in Attachment A, will be assessed and is due and payable immediately upon
notice from the AOC.
V. LICENSEE'S DUTIES
A. Duties. The following are LICENSEE'S duties.
1. LICENSEE shall NOT provide case information or personal information excluded from
public access by Section VII of Administrative Order 19 to its customers, subscribers, or
other persons without the express written permission of AOC or a court order.
2. LICENSEE shall NOT provide personal identifying information to customers,
subscribers, or other persons without the express written permission of AOC or a court
order.
3. LICENSEE shall only use case information and personal information excluded from
public access by section VII of Administrative Order 19 for a scholarly, journalistic,
political, governmental, research, evaluation, or statistical purpose and will not directly
or indirectly use that information to sell an individual service to any individual, group of
individuals, or the general public.
4. LICENSEE shall notify AOC in writing when returning or destroying the compiled data
extract. The date of receipt by AOC of said written notice shall be the date of
termination of the Agreement for purposes of termination of the performance bond
pursuant to (B) (6) below.
B. Liquidated Damages and Performance Bond
1. LICENSEE acknowledges that any breach of its duties may
a) Cause it to provide its subscribers and customers with inaccurate data, creating the
potential for substantial harm to persons whose records are affected and to others
who rely on those records.
b) Cause AOC to incur personnel, technology, and other costs in receiving,
investigating, and responding to complaints; verifying inaccuracies and identifying
their source; and enforcing LICENSEE'S compliance with its duties under this
Agreement.
c) Cause AOC to incur further expense in dealing with claims arising from
LICENSEE'S breach.
2. The parties agree that any damages incurred by AOC as a result of any such breach
are to some extent speculative and difficult to determine after the breach.
3. Therefore, in order to avoid litigation concerning the nature and extent of the damages
resulting from each such breach, to provide AOC with reasonable compensation for
those damages, to limit LICENSEE'S exposure to an agreed amount, and to provide an
incentive to LICENSEE to provide only accurate data, for each verified breach of
LICENSEE'S duties, LICENSEE will pay to AOC, immediately upon AOC's verification
of the breach, liquidated damages in the amount set out in Attachment A.
Compiled Records License Agreement
Revised September 28, 2012
Page 6
4. To secure the payment of liquidated damages, as provided in Subsection 3 above,
LICENSEE, upon the execution of this Agreement, must submit to AOC a completed
Form AOC-A-204 (Performance Bond for License Agreement).[See Section IV C
exempting agencies of the State of Arkansas.] The performance bond in following form
must be deposited with AOC at the same time:
A performance bond in the amount specified in Attachment A under
“Performance Bond”, in the form of a Corporate Surety Bond secured by at
least one corporate surety, or an irrevocable letter of credit from a federally
insured financial institution.
Upon notification to LICENSEE that the AOC has verified a breach of LICENSEE'S
duties, as described in Section A of this Article, LICENSEE shall immediately pay to the
AOC the liquidated damages amount indicated in Attachment A to this Agreement. If
the AOC has not received payment of the liquidated damages within thirty (30) days of
notice and demand to the LICENSEE, the AOC shall pursue forfeiture of LICENSEE'S
bond posted pursuant to this Section, of which the enforcement costs, including, but not
limited to, court costs and attorney fees, shall be borne by LICENSEE.
In the event of initiation of forfeiture proceedings against LICENSEE'S bond due to
breach of its duty to pay liquidated damages upon AOC's verification of breach,
LICENSEE will be required to deposit with AOC a new performance bond, in the
amount specified in Attachment A, in order to continue access to AOC's extract files.
5. If LICENSEE again breaches one or more of its duties under Section V (A) within two
years of a previous breach, LICENSEE'S bond will be forfeited and this Agreement will
terminate.
6. Thirty (30) days after termination of the Agreement under conditions that do not require
the forfeiture of the bond, the bond will terminate.
C. Response to Complaints - Investigation, Suspension, and Termination. LICENSEE
acknowledges and agrees that reports of errors in data provided by LICENSEE to its
subscribers or customers or any other failure to comply with LICENSEE'S duties will be
subject to investigation and response by the AOC, as described in this Section.
1. Upon any report or complaint that data provided directly or indirectly by LICENSEE to any
person are inaccurate, AOC will first investigate to verify the following:
a) LICENSEE'S data referenced by the complainant are, in fact, inaccurate;
b) The data were obtained from AOC; and
c) The data were accurate in the data extract files provided by AOC.
2. Upon such verification, AOC will notify one of LICENSEE'S contact persons of the
inaccuracy, as well as LICENSEE'S duty to pay liquidated damages in the amount set out in
Attachment A, pursuant to Section B.3 of this Article. These liquidated damages are due and
payable independent of LICENSEE'S corrective action, as explained in Section C.3 below.
3. Upon such notification, LICENSEE will have a reasonable time to correct the inaccuracy.
Correction may require, in the sole discretion of AOC's Chief Information Officer,
reapplication of extract files, including, but not limited to, a complete erasure of
LICENSEE'S records from AOC and restoration of those records from any compiled data
extracts provided to LICENSEE under this Agreement or purchase of a new compiled
data extract.
4. When AOC is satisfied that LICENSEE'S records are accurate and the data that were the
source of the complaint have been corrected, AOC will so notify LICENSEE'S contact
person and the complainant of the correction. Pursuant to Sections B.4 and B.5 of this
Article, LICENSEE, to continue its access to AOC's extract files, will be required to provide
a new performance bond if it forfeited its initial performance bond due to breach of its duty
to pay liquidated damages.
Compiled Records License Agreement
Revised September 28, 2012
Page 7
5. Upon a subsequent report or complaint that data provided by LICENSEE to any person are
inaccurate, AOC will investigate and verify the inaccuracy as provided above.
6. If LICENSEE provides inaccurate data within two years of a previous verified inaccuracy,
and the subsequent inaccuracy is verified as provided in Subsection 1, above, this
Agreement will immediately terminate and may not be reinstated.
7. In order to allow AOC to conduct the investigation and verification provided for in this Article,
as well as random security checks, LICENSEE shall provide to AOC complete records from
LICENSEE'S database(s), upon receipt from AOC of a list of names or case numbers, as
part of AOC's investigations or security checks.
8. AOC is under no obligation to notify LICENSEE of any complaint during the course of AOC's
investigation or after its conclusion, should AOC determine that LICENSEE'S data are
accurate, or that the source of the data was an entity other than AOC.
9. AOC is under no obligation to identify the specific data that are the source of a
complaint, and may, in fact, be prohibited by law from doing so.
10. Any failure by LICENSEE to comply with an instruction given by AOC pursuant to this
Article will result in immediate termination of this Agreement.
11. By investigating, verifying, and confirming a correction as provided in this Article, AOC
assumes no obligation to LICENSEE with regard to LICENSEE'S potential liability to a
complainant or any other person as a result of the dissemination of inaccurate data
under investigation.
VI. LICENSEE'S OTHER DUTIES
A. Required Disclaimer. LICENSEE shall prominently display a disclaimer in each report of a
record search provided to a subscriber, with each transfer of data to a customer or other
person, and at each search access portal made available to a subscriber. The disclaimer
shall read:
"The official custodian of all official court records for each court in Arkansas is the clerk
of court. The Arkansas Administrative Office of the Courts (AOC) is not the official
custodian of any case record and provides only copies of data entered or provided by
the clerks. Data provided through this service may not reflect pending or post-
disposition activity on a case. The AOC does not warrant the accuracy of the data. To
verify a record's accuracy, contact the clerk of the court of record."
B. Source of Data. LICENSEE shall not enter into any agreement with a customer that bars the
customer from revealing to AOC the name of LICENSEE as the source of its data, or that
penalizes the customer for so doing.
C. Duties of LICENSEE'S Customers. LICENSEE shall impose upon each of its
customers all of the duties specified in Article V, Section A of this Agreement, as
well as the duty specified in Section B of this Article.
D. Proprietary Information. All proprietary information supplied by AOC to LICENSEE is the
confidential property of AOC, subject to the proprietary rights of AOC, and is
provided for the sole internal use of LICENSEE in making use of the data extracts provided
pursuant to this Agreement. LICENSEE shall hold all proprietary information in the strictest
confidence. LICENSEE shall exercise at all times the same care with respect to all
proprietary information that LICENSEE would exercise in the protection of LICENSEE'S own
proprietary information. LICENSEE shall not release or disclose any proprietary information
to any other person without the express prior written consent of AOC.
E. LICENSEE'S Subsidiaries. As part of this Agreement (see Attachment B), LICENSEE shall
provide AOC with a list of all of LICENSEE'S websites, subsidiaries that use or distribute
information obtained from AOC, and all other names by which LICENSEE does business.
LICENSEE will update this list and send it to AOC within thirty (30) days of any change.
Compiled Records License Agreement
Revised September 28, 2012
Page 8
F. User Name and Password. LICENSEE shall provide to AOC a non-expiring username
and password for access to any service, application, or database that will include,
incorporate, or process data received from AOC as part of providing data to any
subscriber or customer. This username and password shall be provided without cost or
condition.
G. Termination for Failure to Comply. Any failure of LICENSEE to comply with the requirements of
this Article is grounds for termination for cause, pursuant to Article VIII, Section B of this
Agreement.
H. Return or destruction. At the termination of this Agreement LICENSEE shall return to AOC
or destroy any information or data provided by AOC under this Agreement in any form,
held by the Licensee or any officer, employee or agent of Licensee.
I. Resale of Data. The LICENSEE shall not reproduce or distribute or disseminate the
transferred database files in bulk but only (1) in response to an individual record inquiry
and (2) in accordance with Article V 1 thru 3. “In bulk” shall include, but is not limited to,
via multiple records or on CD-ROM or other electronic or optical media.
J. Subcontracting. The LICENSEE shall not enter into subcontracts relating to this
Agreement.
VII. CONTACT PERSONS AND NOTICES.
A. Contact Information. LICENSEE shall provide all contact information requested in
Attachment C to this Agreement.
B. Contact Persons. LICENSEE shall designate up to two (2) contact persons in Attachment C.
At no time shall there be more than two contact persons for LICENSEE.
C. Contacts Limited to Contact Persons. The two contact persons are the only individuals, in
addition to the signatory(ies) to this Agreement (if different), permitted to contact the
AOC on LICENSEE'S behalf for any reason other than reset of a password for the user ID
of a password administrator, as provided in Section E below. At least one of these contact
people shall be available to the AOC on weekdays from 8:00 a.m. until 5:00 p.m., Central
Time, with the exception of legal holidays on which Arkansas state government offices
are not open. LICENSEE expressly represents that any person designated as a contact person
is its legal agent with full authority to act individually on LICENSEE'S behalf for
performance and fulfillment of LICENSEE'S obligations under this Agreement, including,
but not limited to, notifying the AOC of changes to LICENSEE'S contact information,
contact persons, and password administrators; receiving any and all notices from the
AOC under this Agreement; and responding to the AOC's requests for information or
action from LICENSEE.
D. Password Administrators. LICENSEE shall designate up to two (2) password administrators
in Attachment C. At no time shall there be more than two password administrators for
LICENSEE.
E. Contacts Limited to Password Administrators. LICENSEE'S password administrators are
responsible for resetting revoked or expired passwords for all user IDs provided to
LICENSEE pursuant to this Agreement. The AOC Help Desk will reset passwords for no
user ID provided to LICENSEE pursuant to this Agreement, except for the two user IDs
assigned to the individual password administrators, and then only upon confirmation
satisfactory to the AOC that the individual requesting the reset of a password for a
specific user ID is the password administrator to whom that user ID was assigned by the
AOC. LICENSEE acknowledges and agrees that it is within the sole discretion of the
AOC to delay the reset of the password for a password administrator's user ID for a
reasonable time until AOC Help Desk staff or the Remote Public Access Coordinator is
satisfied that a request for such reset has originated with the individual password
Compiled Records License Agreement
Revised September 28, 2012
Page 9
administrator to whom the user ID in question was assigned by the AOC. This verification
process may include a demand for a written request from a contact person or signatory to
this Agreement for reset of the password in question.
F. Dual Roles. An individual may be both a contact person and a password administrator for
LICENSEE, but such individual must be designated separately as both in Attachment C, and
LICENSEE must provide all information requested for that individual in both roles.
G. Change in Information. Any change to LICENSEE'S contact information, contact person
information, or password administrator information shall be communicated to the AOC by
any means of communication listed in Section I of this Article.
H. Notices to LICENSEE. Any notice or other communication from the AOC to LICENSEE shall
be deemed sufficient if sent to either contact person or to any signatory to this Agreement
using the contact information provided in Attachment C, and via any means of
communication listed in Section I of this Article.
I. Notices to AOC. Any notice or other communication from LICENSEE to AOC shall be
deemed sufficient if sent by mail, facsimile, or email to AOC using the contact information
listed below.
Mail: The Arkansas Administrative Office of the Courts
Court Information Systems Division
625 Marshall Street, Justice Building
Little Rock, AR 72201
Fax: (501)682-9410
Email: aoc.cis.mgr@arkansas.gov
J. Notices in Writing. Unless stated otherwise in this Agreement, all notices between the
parties shall be in writing and shall be sent by mail, facsimile, or electronic transmission.
VIII. TERM AND TERMINATION
A. Effective Date. The term of this Agreement shall begin on the date of its execution and shall
continue until terminated by either party.
B. Termination for Cause. If LICENSEE fails to perform its duties, as specified in the
Agreement, or violates any of the agreements or stipulations of the Agreement, AOC may
terminate this Agreement for cause, without prior notice, as provided elsewhere in this
Agreement.
C. Termination without Cause. Either party may terminate this Agreement without cause upon
giving the other party thirty (30) days' notice.
D. Termination for Convenience of the State. AOC may terminate this Agreement at any
time without notice, for the convenience of the State.
E. Termination for Insolvency. The filing of bankruptcy, whether voluntary or involuntary, or
the commencement of any other action or proceeding alleging the insolvency of LICENSEE, shall
immediately terminate this Agreement. LICENSEE shall notify AOC immediately upon the filing or
commencement of any action alleging insolvency of LICENSEE.
IX. MISCELLANEOUS
A. Entire Agreement. This Agreement sets forth the entire agreement between the parties with
respect to the subject matter hereof and supersedes all previous discussions and agreements.
Understandings, representations, or warranties not contained in this Agreement or a written
amendment hereto are not binding on either party.
B. Assignment. This non-exclusive Agreement and the LICENSEE'S rights under this license
are personal to it and may not be transferred, assigned, delegated, or sold for any purpose
whatsoever without the prior written consent of the AOC.
C. Modification. No modification, amendment, deletion, or alteration of any of the terms and
Compiled Records License Agreement
Revised September 28, 2012
Page 10
conditions of this Agreement shall be effective unless it is in writing and signed by both
parties, with the exception of changes in contact persons as detailed in Article VII and
Attachment C of this Agreement and periodic fee changes set out in Attachment A.
D. Counterparts. This Agreement is to be executed in duplicate originals, and each duplicate
shall be deemed an original copy of the Agreement for all purposes.
E. Headings. The table of contents and headings used herein are for reference and convenience
only and shall not enter into the interpretation hereof unless otherwise specified herein.
F. Severability. If any court of competent jurisdiction shall for any reason hold any section or
provision of this Agreement invalid or unconstitutional, such portion shall be deemed a
separate, distinct, and independent provision and shall not affect the validity of the remaining
portions of this Agreement.
G. Governing Law and Situs. This Agreement shall be governed in all respects by the law of the State
of Arkansas, and venue for any action hereunder shall be in Pulaski County, Arkansas.
H. Conflict of Authority. If any provision of this Agreement shall be deemed in conflict with any
statute or rule of law, such provision shall be deemed modified to conform to said statute or rule of
law.
I. Other Laws. To the extent the data obtained under this Agreement are subject to other laws,
statutes, court rules, administrative rules, or regulations, either federal or state, that govern the use
of the data, the provisions of those other laws, statutes, court rules, administrative rules, or
regulations, either federal or state, shall apply to the data.
J. Indemnification. LICENSEE shall defend, indemnify, and hold harmless the State of Arkansas,
AOC, and officials, officers, employees, and agents of either of them, from all loss, risk of loss,
and damages (including expenses, costs, and attorney fees) sustained or incurred by them or any
of them as the result of the assertion of any claim, demand, suit, action, judgment, or execution for
damages of any kind and by whomever and whenever made or obtained, that result directly or
indirectly from LICENSEE'S performance under this Agreement.
K. Status of Parties. The parties hereto, in the performance of this Agreement, will be acting in their
individual capacities and not as agents, employees, partners, joint venturers, or associates of one
another. The employees or agents of one party shall not be deemed or construed to be the
employees or agents of the other party for any purpose whatsoever.
L. Non-Exclusive Agreement. This Agreement is non-exclusive. During the term of this
Agreement, the AOC reserves the right to enter into agreements with other parties as it deems fit.
M. Waiver. The failure of either party to enforce any term of this Agreement on one or more
occasions will not constitute a waiver of the rights or remedies of either party to enforce such term
or any other term of this Agreement on any other occasion. No term or condition of this Agreement
shall be held to be waived, and no breach excused, except by a written instrument signed by the
parties hereto. Waiver of any breach of any term or condition of this Agreement shall not be
deemed a waiver of any prior or subsequent breach.
N. Survival. The provisions of Sections III.A.4 thru III.A.6, III.A.8 , III.A. 9, III.B.5, III.C thru III.D,
IV.A, V.A.1 thruV.A.3, V.B.3 ,V.B.4, V.B.6, V.C.7, V.C.9, V.C.11, VI.A, VI.B, VI.D, VI.I, IX.F,
IX.G, and IX.M of this Agreement shall survive the termination of this Agreement.
O. Availability of State Funds. All payments made to AOC by LICENSEE are deposited by AOC in
the Fine Collection Enhancement Fund. The performance of AOC's duties under this Agreement
is subject to the availability of the moneys in that Fund or of other State funds to enable it to
perform those duties.
P. Legal Authority. If at any time for any reason AOC concludes, or it is determined by a court of
competent jurisdiction, that AOC was without authority to enter into this Agreement, this
Agreement will terminate, without further obligation or liability to LICENSEE by the State of
Arkansas, AOC, or any official, officer, employee, or agent of either.
Compiled Records License Agreement
Revised September 28, 2012
Page 11
X. SIGNATURES
By signing below, the parties acknowledge that they are authorized to sign this Agreement and bind
themselves or their respective agencies and companies.
For LICENSEE:
COMPANY NAME (Type or Print)
NAME of President (Type or Print)
SIGNATURE of President
Attest:
NAME of Secretary (Type or Print)
SIGNATURE of Secretary
Affix corporate seal:
For THE ARKANSAS ADMINISTRATIVE OFFICE OF THE COURTS:
Date
Compiled Records License Agreement
Revised September 28, 2012
Page 12
Attachment A
Extract Fees Effective JULY 1, 2012
Extract Type: COMPILED DATA EXTRACT
Fees Current Total Costs Each Licensee
One-time Custom Compiled Extract Per Quote
Account Setup Fee $1,000
Monthly Transactional Update Fee $200/month
Late Payment Fee (for bill due 30 days or more) $75/late payment
Reinstatement upon Termination
Performance Bond
Liquidated Damages $5,000
Corporate Surety Bond or Irrevocable Letter of
Credit
$5,000 *
*The Performance Bond requirement shall be waived for an agency of the State of Arkansas.
Compiled Records License Agreement
Revised September 28, 2012
Page 13
Attachment B
Websites, Subsidiaries, Entities, "Doing Business as" Names, and Other Aliases of Licensee
Please provide a list of all websites, subsidiaries, entities, aliases, or "doing business as" names that
will have access to or provide any information obtained from the Arkansas Administrative Office of
the Courts (AOC). Pursuant to Article VI, Section E of your license agreement with the AOC, you
are required to provide this information and keep it up to date. This form must be returned with your
license agreement before access to AOC systems is granted. Failure to keep the information up to
date may result in termination of your access to AOC systems, as outlined in Article VI, Section G of
your license agreement.
Websites' URLs
Subsidiaries/Entities/Doing Business As
Names/Other Aliases
Compiled Records License Agreement
Revised September 28, 2012
Page 14
Attachment C
Licensee Contact Information
Instructions: Use this form to provide or update LICENSEE's contact information and to
designate administrators. All fields are required. If you need assistance with this form, contact the
AOC Remote Public Access Coordinator at (501)682-9400.
Licensee Contact Information: (See Article VII Section A of License Agreement)
Licensee Name:
Mailing Address:
Phone #: Email:
Fax#:
Website URL:
Federal Tax ID#:
Contact Person Information: (See Article VII Sections B and C of License Agreement)
Contact Person #1
Contact Person #2
Contact Name:
Mailing Address:
Phone #:
Fax#:
Email Address:
Signature:
Password Administrator Information:
(See Article VII, Sections D and E of License Agreement.)
Password Admin #1
Password Admin #2
Admin Name:
Secret word:
4 Digit PIN Number:
Phone #:
Fax#:
Email Address:
Signature: This Attachment will be honored only if signed by a signatory to LICENSEE'S
"License Agreement - Data Extracts" or by a person currently designated pursuant to Article
II of that Agreement as a contact person for LICENSEE.
Name (Type or Print) Date:
Signature
For AOC Internal Use Only:
Password Admin #1 ID:
Password Admin #2 ID:
AOC Security Administrator Signature
Date Request Completed
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

Compiled Records License Agreement COMPILED RECORDS LICENSE AGREEMENT (Administrative Office of the Courts)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 20 July 2020

Message

View Audit Log
Print With Audit Log
Duplicate Document