Poland – System and support services – Zakup licencji czasowych w modelu subskrypcyjnym systemu informatycznego ochrony XDR na okres 36 miesięcy

Subject of the contract: 1.1. The subject of the contract is to provide the Agency for Restructuring and Modernisation of Agriculture (hereinafter referred to as the “Purchaser”) with the right to use the Software that performs the XDR protection function as indicated in the draft contractual clauses (hereinafter: “ppu”), attached as Annex No. 8.1 to the SWZ - on a Subscription basis, including: 1.1.1. the right to use the Software in its current version, including all Software Updates, on the terms set out in the ppu and the general terms of the Software producer. 1.1.2. the possibility to use the Software support on the terms set out in the ppu and the general terms of the Software producer. 1.2. The Subscription shall be valid for a period of 36 months from the date indicated in the Certificate Acceptance Protocol, as mentioned in § 4, 1 ppu, but no earlier than from 30.09.2026 (the day following the expiry date of the software subscription purchased by the Purchaser under a separate agreement, valid before the conclusion of the Contract), while maintaining continuity of operation. 1.3. In order to confirm the entitlements to use the Subscription, the Contractor shall provide the Purchaser with a Certificate confirming the Purchaser's right to use the Software and indicating the Subscription validity period, in accordance with the ppu provisions and the general licensing terms of the Software producer. 2. The Purchaser allows Contractors to offer an equivalent solution to the one indicated in point 1 above, meeting the following requirements. The Contractor: 2.1. will supply, configure, and launch, and ensure the Purchaser the possibility to use the Software, in accordance with the specification constituting Annex No. 1 to the draft contractual clauses (hereinafter: “ppu-r”), constituting Annex No. 8.2 to the SWZ, including: 2.1.1. will supply the Equipment required for the proper operation of the offered Software (in the case of virtualisation, will also supply licenses for virtualisation, system and database software, if required by the producer of the offered solution); 2.1.2. will carry out the Implementation on the hardware-application platform at the Purchaser's Location in accordance with the ppu-r conditions, including agreeing with the Purchaser the Implementation Realisation Schedule, executing and delivering the Technical Project, Acceptance Test Plan and Implementation Documentation in electronic form; 2.1.3. will carry out the transfer (migration) of data from the system used by the Purchaser until the date of the Contract conclusion, including in particular: defined playbooks/workflows, integration configurations, defined assets and their groups and classifications, automation/scheduling, templates and reports, as well as user accounts along with roles and permissions; 2.1.4. will ensure the Purchaser the right to use the Subscription, including: 2.1.4.1. the right to use the Software in its current version, including all Software Updates, on the terms set out in the ppu-r and the general terms of the Software producer; 2.1.4.2. the possibility to use the Software support on the terms set out in the ppu-r and the general terms of the Software producer; 2.1.5. will ensure the Purchaser a License authorising the use of the tool software, as mentioned in § 1, 14, lit. b ppu-r. 2.1.6. if required due to the applied hardware-application solution - will ensure the Purchaser a License authorising the use of the database or virtualisation software, as mentioned in § 1, 14, lit. c ppu-r, whereas in the case where, in accordance with the general rules of the producer, this type of software is available within the offered solution on a subscription basis – will ensure the Subscription in the meaning of the ppu-r; 2.1.7. will transfer to the Purchaser the exclusive rights to the Documentation prepared by the Contractor within the framework of the Contract on the terms, including the fields of exploitation, specified in the ppu-r; 2.1.8. will carry out the implementation training for the Software administrators on the Purchaser's side, in accordance with the ppu-r conditions; 2.1.9. will carry out the Implementation so that it does not affect the continuity of the Purchaser's information systems operation. 2.2. The Subscription shall be valid for a period of 36 months from the date indicated in the Implementation Protocol, as mentioned in § 4, 10 ppu-r. 2.3. In order to confirm the entitlements to use the Subscription, the Contractor, no later than the Implementation deadline specified in § 4, 1 ppu-r, will provide the Purchaser with a Certificate confirming the Purchaser's right to use the Software and indicating the Subscription validity period, in accordance with the ppu-r provisions and the general licensing terms of the Software producer. 3. The Purchaser requires that the execution of the subject of the contract takes place on the terms and conditions specified in the ppu together with the annexes constituting Annex No. 8.1 to the SWZ, and in the case of offering an equivalent solution on the terms and conditions specified in the ppu-r together with the annexes constituting Annex No. 8.2 to the SWZ.