Agenda - Council - 08/26/1986 - Laserfiche WebLink

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6. CUSTO~LER RESPONSIBILITYz Customer a~ross to peer®em the folaovinf dutlms vhich ire ~OT Oovsrsd Up~&~s IsrvJoes~ A. ProvJdm ILn snvJe~hmsn~ ~o~mtm~%, with the operating ipecificattons of the manufacturer. B. Maintain ail covered IOftvare to the current rsvlliOn levels. C. Install all updates on their own hardware. D. Provide correct media upon which to tr~nlfer the 10ftvare a~d approved Ihippin~ containerl for ouch media. If AmerlData pr0videl the media for the ioftvare update, Cuotomer a~ree8 ~o return the update media, in the same approved container, to AmeriData within ~ days of lhipment to Customer. If the update media is not returned vlthin thil period Customer agrees to pay full lilt price for the media accordin~ to the AmeriData price Ichedule. 7. DISCLAIMER OF WARRANTY: AmerlData MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR'PURPOSE WITH RESPECT TO THE SUBJECT MATTER HEREOF. 8. LIMITATION OF LIABILITY: Customer agrees that AmeriData's total liability under this Agreement, for any reason, including but not limited to, any alleged negligence of AmerlData shall not exceed the amount paid for Covered Update Services by Customer to AmeriData. In no event viii AmeriData be liable for any incidental or consequential damages such as, but not limited to, loss of use, loss of data, loss of profit, loss of value added to or taken from Equipment or any affiliated components, or liability to third parties, however caused, whether by the ne&llgence of AmeriData or otherwise. AmeriData viii not be liable to Customer for any delay or failure by AmerlData to perform its obligations under this Agreement if such delay or failure, arises from any cause or causes beyond the control of AmeriData. Such causes include, but ~re not limited to: labor disputes, strikes, other labor or industrial disturbances; floods, e~rthquakes, lightning, fire, or acts of God; shortages of materials, rationing, var, embargoes, blockages; actions, restrictions, regulations, or orders of any government, agency, or subdivision thereof; vandalism or criminal action; utility or communications failures; operator misuse or abuse, neglect, operator error, use of improper supplies or accessories, tampering or repair performed by other than authorized AmerlData personnel; movement of the Equipment to a new location; or other causes beyond normal usage. 9. GENERAL PROVISIONS: This Agreement is not assignable without the written consent of AmeriData. This Agreement will be governed by the laws of the State of Minnesota and constitutes the entire agreement between the parties with respect to Software Updates, and shall supercede all previous commitments and writings with respect to matters set forth herein. This Agreement may be modified only by a writing signed by the authorized agent of both parties. AmeriData reserves the right to immediately terminate this Agreement, without penalty, in the event that Customer is in default of this or any other agreement with AmerlData. The terms and provisions of this Agreement will prevail over any conflicting, additional, or other terms appearing on any purchase order or other correspondence submitted to AmeriData by Customer at any time. Agreed to and accepted by: Customer Authorized Signature Name (Type or Print) Phone Date ~gree~t~to and accep~d~by: ~ e r~A~d ~t a S~stems/~9/~/ A oriz ignaL Name (Type or Print) Phone