Res 2017-127/Mobile license plate recognition software

Home Browse Search

i NuPark by Customer up to such cancellation, completion, expiration, or termination shall be deemed non- refundable. 5.4 Effect of Termination. Upon expiration or termination of this Agreement for any reason, (a) any licenses granted to Customer and all rights of Customer in and to the NuPark System will immediately terminate; (b) Customer shall immediately cease using the NuPark System and Hosting Services; and (c) Customer shall return to NuPark any Licensed Hardware which Customer has not obtained title to as of such expiration or termination. (d) 5.5 Remedies. Expiration or termination of this Agreement shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall it relieve Customer of its obligation to pay all monies due or owing to NuPark that accrued under this Agreement. 6. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS. 6.1 NuPark Warranties. 6.1.1 Licensed Software. NuPark has full power and authority with respect to the Licensed Software to license the Licensed Software to Customer as provided herein without the consent of any other person, or, in the event such consent is required, NuPark has obtained said consent. NuPark warrants that unmodified Licensed Software will operate in accordance with the Documentation. Under this warranty, NuPark will correct any Errors in the unmodified Licensed Software at no extra charge to Customer. This warranty is valid for a period of ninety (90) days commencing from the date the Licensed Software is installed. 6.1.2 Maintenance Services. NuPark warrants that the Maintenance Services will be provided to Customer in a timely and professional manner consistent with software industry standards for such services and in accordance with the Customer Service Support Levels set forth above. Under this warranty, NuPark will promptly re -perform any noncomforming Maintenance Services at no additional charge to Customer. 6.1.3 Professional Services. NuPark warrants that the Professional Services (a) will be provided to Customer in a timely and professional manner consistent with software industry standards for these services and (b) will conform to the written specification of the Professional Services to be mutually agreed upon by the parties. These warranties are valid for a period of thirty (30) days commencing from the completion date of the Professional Services, If Customer reports any noncomforrnance with this warranty to NuPark within this warranty period, NuPark will promptly re -perform the noncomfonning Professional Services at no additional charge to Customer. 6.1.4 Authority. NuPark represents and warrants that (a) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; (b) this Agreement shall be the legal, valid, and binding obligation of NuPark, enforceable against it in accordance with the terns hereof; and (c) the execution and performance of this Agreement will not violate any federal, state, or local statute, rule, or regulation or any other contractual obligation of NuPark. 6.2 Customer Warranties. Customer represents and warrants that (a) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; (b) this Agreement shall be the legal, valid, and binding obligation of Customer, enforceable against it in accordance with the terms hereof, and (c) the execution and performance of this Agreement will not violate any federal, state, or local statute, rule, or regulation or any other contractual obligation of Customer. 6.3 DISCLAIMERS. 6.3.1 GENERAL. THE LIMITED WARRANTIES SET FORTH IN SECTION 6.1 OF THIS AGREEMENT ARE THE ONLY WARRANTIES MADE BY NUPARK. NUPARK EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES OR REPRESENTATIONS,