Update: September 2011 MINDJET SOFTWARE ASSURANCE AND SUPPORT TERMS AND CONDITIONS These terms and conditions of Mindjet Assurance and Support (MSA) software are an agreement between you and Mindjet Unlike Quantex, this data set contains both documentary evidence and certificates of deposit that allowed the contractual relationship between DellTec and Banc , as well as the type and volume of services provided by BancTec, as well as key evidence of the importance of BancTec`s services to Dell`s ability to „establish and maintain a market in Louisiana.“ Dell`s assertion that it is not required of customers with on-site service contracts and that BancTec provides services on the basis of its own contractual obligations with its customers refutes the many other facts that justify Dell`s participation and management in the development of the contracts. The contracts themselves detail the services that indicate that Dell must retain control over many key aspects of The services to be provided by BancTec: Dell receives and verifies all telephone calls for service customers who have purchased an on-site service contract with BancTec via Dell, must contact Dell directly when a service is required; customers will not contact bancTec. Dell diagnoses the problem over the phone and determines independently of the sending of a BancTec technician. During shipping, Dell closely monitors BancTec`s performance: BancTec must report directly on its results if they differ from Dell`s diagnosis and should only use Dell products for authorized repairs. BancTec Certified Technicians are trained by Dell and guided on how service calls and repairs are made, including the use of „scripts“ that detail how they should communicate with customers. Dell sets the price of on-site services and compensates BancTec based on the number of service calls made. The contracts also obliged BancTec to guarantee its services to Dell (not the customer) and to „represent favourably“ Dell in the delivery of on-site services. Dell requires BancTec to install to ensure that its customers receive satisfactory service. Dell representative Harvey Sanders said Dell had developed and created the services that would be provided prior to the execution of contracts with BancTec. Sanders also confirmed that Dell had protected the copyrighted contracts between him and BancTec. On March 18, 2004, Dell filed an application for a summary decision and presented, in support of the submission, the following evidence: (A) the affidavit of Shelley Matcha, Dell`s Director of Public and Local Taxes, as well as three placements consisting of the service sales contracts entered into in 1991, 1995 and 1998 between Dell and BancTec; (B) in the case of Dell Catalog Sales, L.P.
v. Commissioner of Revenue Services, 48 Conn.Supp. 170, 834 A.2d 812 (2003) (a case that dealt specifically with the same issue between dell and BancTec`s activity in the State of Connecticut, in which the Superior Court of Connecti Court of Connecti found that the protocol did not contain sufficient evidence to prove that BancTec`s activities in Connecticut were conducted on behalf of Dellcut. However, we note that the decision explicitly states that the Tribunal`s finding was based primarily on the lack of evidence in the protocol to determine the centre and extent of the activities of BancTec`s independent representatives in Connecticut, particularly evidence of the frequency or number of on-site services actually provided in Connecticut.) ; (C) Excerpts from the testimonies of Dell executives Michael Burns, Emily Parrino, Harvey Sanders and Brian Stone.