GEOSPATIAL TECHNOLOGIES, INC. 10

Home Browse Search

('6ST Administrator, or, in the absence of the Systems Administrator, the back up, shall be CST's sole contact for technical assistance. The System Administrator and backup System Administrator must be trained in the administration of computer hardware, operating system, networking, and database. CST support staff will assist you in identifying system problems as a function of maintenance support. However, if a problem is identified as a system administration responsibility, farther assistance from CST support staff is billed at our then current hourly rates and terms. V. WARRANTIES (a) Limited Warranty for Services. Any services being provided to the End User in accordance with the software annual maintenance program are offered on a best-efforts basis only; CST may not be able to resolve every service request made. Although CST will attempt to provide some guidance and direction, GST is not responsible for resolving issues related to networks, operating systems, back- end databases or hardware. It is the End User's responsibility to keep adequate data backups. CST will not be responsible for any lost data. ALL OTHER WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXCLUDED, VI, LIMITATION OF LIABILITY The End User's sale and exclusive remedies for any damage or loss in any way connected with any software or services furnished by CST, after acceptance of the CST software system, whether by CST's breach of warranty, negligence, or any other breach of any other duty, shall be, at CST option, replacement of the software or re -performance of service or return or credit of an appropriate portion of any payments made, or to be made, to CST with respect to such software or services. Under no circumstances shall GST be liable to you or any other person for any special, incidental, indirect or consequential damages of any character, including, without limitation, damages for loss of good will, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if CST has been advised of the possibility of such potential loss or damage, VILCHOICE OF LAW Interpretation of this Agreement shall be governed by the laws of the State of California. VIII. STATUTE OF LIMITATIONS No action or claim relating to or arising out of the software annual maintenance program may be instituted more than one (t) year after the event giving rise to such action or claim.