11-27-2000 Council Packet - Laserfiche WebLink

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Data available to others. User agrees to immediately notify the Council by telephone ar.i in writing if User becomes aware of any unauthorized duplication, sale or other disclosure. User nnher a^ees to prevent unauthorized disclosure by taking appropriate security measures including, bu: not limited to, providing physical security for copies of the GIS Data and taking all steps User ^i.\es to protect information, data or other tangible and intangible property of its own that User regarcs as proprietary, confidential or nonpublic. 2.03 Reservation of Rights. The Council shall retain all rights, title and interest ir. the GIS Data, including the right to license to other users the GIS Data covered by this License Agreer.e.-t. III.License Agreement Term and Termination 3.01 Indefinite Term. The term of this License Agreement shall commence upon execution of this License Agreement by both parties and shall be indefinite, unless terminated according paragraph L - of this License Agreement. If this License Agreement is terminated by the Council, all rights to the GIS Data granted to User under this License Agreement revert to the Council. 3.02 Termination. This License Agreement may be terminated by the Council at any tirr.e upon ^rinen notice to User if User fails to comply w ith the terms and conditions of this License rtirsemen.. Unless terminated, this License Agreement shall remain in effect as long as User uses the GIS pita and complies with the terms and conditions of this License Agreement. When User no longer has tr.e right to use t e GIS Data, User either must destroy the GIS Data and provide written certification of tr.e dest^wtion, or return the GIS Data to the Council. The Council may terminate this License Agreer.ent if User has dissolved, liquidated or permanently terminated its operations. IV.Limited Warranty and Disclaimers 4.01 Limited Warranty. The GIS Data provided by the Council are made available :: User subject to the follow ing limitations and restrictions; (a)The Council will use its best efforts to ensure the GIS Data are delivered free frc.“. physical defeat. Th.e Council shall have the sole authority to determine whether the GIS Dv.i were tree from physical defect at the time of delivery. User is responsible for the installation ‘"-use oi the GIS Data and the results or consequences obtained from User’s installation or use of.. e GIS Data. (b)The Council does not warrant that the GIS Data are error free. The GIS Data v.;:e the Council’s own internal business purposes and the Council does not represent .nat the G ata can be used for navigational, tracking or any other purpose requiring exacting measurement ot distance or direction or precision in the depiction of geographic features. (c)The Council disclaims any other warranties, express or implied, respecting this Ltcense .Agreement or the GIS Data. (d)THE GIS DATA, AND ASSOCIATED MANUALS, REFERENCE M.\TERL\^ TECHNICAL DOCUMENTATION OF ANY), ARE PROVIDED “AS ’ 'MTHOUT^N^ SUTPORT WHATSOEVER AND WITHOUT WARRANTY Ai TO ratlR PERFORiALANCE, MERCHANTABILITY OR FITNESS FOR PLTU»OSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORM.ANCE OF THE GIS DATA IS ASSUMED BY USER. (e)THE COUNCIL SHALL NOT BE LIABLE FOR A-NV LNDIRICT, SPEC^, LNCIDENTAL, COMPENS.ATORY OR CONSEQUENTIAL D.\MAGES OR AN"i THIRD Page 3 of 5 Pages !