Res 2008-051 - Laserfiche WebLink

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destroy any copyright or other proprietary notice included in the Product. Eka reserves all rights not specifically granted under this Agreement. 5. Other Restrictions The City agrees not to use, copy, modify, sell, sublicense, lend, rent, lease or transfer the enclosed Product or any copy, in whole or in part, except as expressly provided for in this Agreement or with Eka's advance written consent. The City may make copies of the Software for backup and archival purposes as necessary in its normal conduct of business. The City must label any copies with all information included on the original media label. The City agrees not to distribute copies of the enclosed Product to others. The City further agrees to take all reasonable steps and to exercise due diligence to protect the enclosed Product from unauthorized reproduction, publication, or distribution. If the Software is copied to or used on a computer attached to a network, the City must have a reasonable mechanism in place to ensure that the Software may not be used or copied by unlicensed persons. 6. Limited Warranty THE ENCLOSED PRODUCT IS SOLD (AND LICENSED WITH RESPECT TO THE SOFTWARE) "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, AS TO PERFORMANCE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY THE CITY. However, to the City only, and provided the City send to Eka the signed limited warranty registration card, Eka warrants the media on which the Software is recorded, to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date the City receives the Software. If during this ninety-day period the media should become defective, the City may return the defective media to Eka postage prepaid, with proof of purchase, for replacement without charge. The City's sole and exclusive remedy in the event of a defect is expressly limited to the replacement of the media or refund of the license fee as provided above. If failure of the media has resulted from accident, abuse, or misapplication, Eka shall have no responsibility to replace the disk(s) under the terms of this limited warranty. This warranty gives the City specific legal rights, and the City may also have other rights that vary from state to state. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EKA OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE PRODUCT BE LIABLE TO THE CITY OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT, WHETHER OR NOT THE POSSIBILITY OR CAUSE OF SUCH DAMAGES WAS KNOWN TO EKA. IN NO EVENT SHALL EKA'S LIABILITY IN CONNECTION WITH THE PRODUCT EXCEED THE LICENSE FEE PAID FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR Advanced Metering Infrastructure Agreement Page 44