Res 2000-074 - Laserfiche WebLink

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LICENSE AGREEMENT 308 3-13-00 B. WARRANTIES CIS warrants that each System will provide the features and functions as specified in the applicable Addendum listed on Page 1 of this Agreement for one (1) year from the Date of Installation if the System is properly used in a machine environment as specified in Paragraph G.6. The User understands, however, that errors may exist or occur in the System(s), and CIS does not warrant that operation of the System(s) will be uninterrupted. CIS will respond to any reported error condition as specified in Paragraph D below. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, EXCEPT AS EXPRESSLY STATED HEREIN. C. LIMITATION OF LIABILITIES CIS' liability for damages (regardless of the form of action, whether in contract or tort) shall in no event exceed that amount paid by the User to CIS during the preceding twelve (12) month period for the specific System as to which the claim(s) arose. Under no circumstances shall CIS be liable for indirect, special, exemplary, incidental or consequential damages, including, but not limited to, loss of anticipated savings or profits, loss resulting from business or operations disruption, loss of records or information, or effects on services, persons and other systems even if CIS knew or should have known or had been advised of the possibility of such damages. No action, whether based on contract, strict liability or tort, including any action based on negligence, arising out of the performance of services under this Agreement, may be brought by either party more than one (1) year after such cause of action accrued, except that an action for non-payment may be brought within two (2) years of the date of the last payment. D. SOFTWARE MAINTENANCE SERVICES AND SUPPORT SERVICES CIS agrees to provide software maintenance services for the System(s} and will make all reasonable efforts to correct any error reported by the User. Should CIS find that the reported error is not in its System(s) or operational procedures, CIS will advise the User accordingly. In the event that the error has resulted from the negligence or modification of the System(s) by the User, the User will be billed by CIS in connection with said error correction at prevailing rates plus incidental travel and living expenses with prior approval from the City. CIS agrees to provide software support services to assist User personnel with questions relating to the System(s). Said support shall be provided by telephone during normal business hours on weekdays. CIS agrees to provide software support services by telephone for emergency events only on a 24 hour, 7 day basis. User agrees to maintain at all times a 4