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acknowledges and agrees that, as directed by County, (I)Jurisdiction may be required to <br /> deliver, at Jurisdiction's sole cost and expense, Election Equipment to County or its <br /> designee for maintenance and repair; and (11)Jurisdiction may be-required to provide <br /> access to the Election Equipment for inspection, maintenance or repair during <br /> Jurisdiction's regular business hours, including but not limited to granting the right to <br /> enter into and upon the premises where the Election Equipment Is located. <br /> Upon reasonable notice, County shall have the right to enter into and upon the <br /> premises where the Election Equipment is located for the-purposes of inspecting the <br /> Election Equipment or observing its use. On an annual basis, during the term of this <br /> Agreement,Jurisdiction shall comply with County's request for verification of Election <br /> Equipment inventory. <br /> Jurisdiction shall secure,safeguard and control the Election Equipment, including but <br /> not limited to system authentication and passwords, in the same manner that <br /> Jurisdiction secures,safeguards and controls its own critical or confidential equipment, <br /> systems, software, data, passwords or other Information.While the Election Equipment <br /> is in Jurisdiction's possession, custody and/or control,Jurisdiction shall exercise best <br /> efforts to (1) use and handle the Election Equipment in a manner that avoids damage or <br /> harm to the Election Equipment; (Ii) use and handle the Election Equipment in <br /> accordance with County direction and any third-party specification; and (iii) safeguard <br /> and secure the Election Equipment from theft, loss or other damage. <br /> 4, OWNERSHIP <br /> County represents and warrants and Jurisdiction acknowledges and agrees that County <br /> is du ly authorized to grant the license herein exclusively for use by Jurisdiction In its <br /> official elections. Pursuant thereto, use of the Election Equipment for any other purpose <br /> other than that authorized herein is strictly prohibited absent express written consent <br /> of County. <br /> Jurisdiction acknowledges and agrees that the Election Equipment may contain <br /> proprietary and trade secret information that Is owned by a third party and Is protected <br /> under state and federal patent, copyright law or other laws, rules, regulations and <br /> decisions,Jurisdiction shall protect and maintain the proprietary and trade secret status <br /> of the Election Equipment, <br /> 4. DISCLAIMER, LIABILITY AND LIMITATION of LIABILITY <br /> County, by and through its duly authorized vendor, is providing the election equipment <br /> on an as-is basis with no support whatsoever. There Is no warranty of merchantability, <br /> no warranty of fitness for particular use, no warranty of non-infringement, no warranty <br /> regarding the use of the information or'the results thereof and no other warranty of any <br /> kind, express or implied, <br /> 2 <br /> I <br /> i <br /> 1 <br />