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25J - AGMT PD JAIL TRAINING SOFTWARE
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25J - AGMT PD JAIL TRAINING SOFTWARE
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Last modified
2/28/2019 7:31:51 AM
Creation date
2/28/2019 7:25:40 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25J
Date
3/5/2019
Destruction Year
2024
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11/1/2018 <br />Master services Agreement I Relies <br />7.1 General. Each party represents and warrants that it has the legal power and authority <br />to enter into this Agreement. <br />7.2 Professional Services. Company warrants that the Professional Services will be <br />performed in a workmanlike manner. As Client's exclusive remedy for any claim under <br />this warranty, Client shall notify Company in writing of its claim within thirty (30) days of <br />Company's completion of the applicable services and, provided that such claim is <br />reasonably determined by Company to be Company's responsibility, Company shall re- <br />perform the applicable service. Company's entire liability and Client's exclusive remedy <br />for any breach of the warranty set forth in this section shall be the re -performance of the <br />applicable service. <br />7.3 EXCEPT AS EXPRESSLY STATED IN THIS SECTION 7, ALL SUBSCRIPTION SERVICES <br />AND PROFESSIONAL SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' <br />BASIS. COMPANY, ITS LICENSORS, DATA CENTER AND SUPPLIERS EXPRESSLY <br />DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, <br />EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) <br />ANY WARRANTY THAT ANY SOFTWARE, DATABASE, SUBSCRIPTION SERVICES, <br />DELIVERABLES OR PROFESSIONAL SERVICES ARE ERROR- FREE, ACCURATE OR <br />RELIABLE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL <br />BE CORRECTED OR WILL COMPLY WITH ANY LAW, RULE OR REGULATION, (ii) ANY <br />AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR <br />PURPOSE, TITLE AND NON -INFRINGEMENT AND (iii) ANY AND ALL IMPLIED <br />WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF <br />PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION <br />GIVEN BY COMPANY, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE <br />OR CHANGE ANY WARRANTY PROVIDED HEREIN. CLIENT EXPRESSLY <br />ACKNOWLEDGES AND AGREES THAT THE SUBSCRIPTION SERVICES ARE NOT <br />DESIGNED OR INTENDED TO MEET ALL OF ITS OR ITS USERS' TRAINING, <br />ANALTYTICS, OR ASSESSMENT NEEDS OR REQUIREMENTS, INCLUDING THOSE <br />REQUIRED UNDER APPLICABLE LAWS. CLIENT ASSUMES ALL RESPONSIBILITY FOR <br />THE SELECTION OF THE SERVICES PROVIDED HEREUNDER TO ACHIEVE ITS <br />INTENDED RESULTS. <br />CLIENT ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR ITS USERS' <br />COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. CLIENT <br />FURTHER ASSUMES SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED <br />FROM THE USE OF THE SUBSCRIPTION SERVICES, PROFESSIONAL SERVICES, AND <br />FOR CONCLUSIONS DRAWN FROM SUCH USE. CLIENT ACKNOWLEDGES AND <br />AGREES THAT THE SUBSCRIPTION SERVICES ARE NOT INTENDED TO PROVIDE <br />MEDICAL ADVICE, OPINIONS, DIAGNOSIS, OR A SUGGESTED COURSE OF <br />https:/Aw ..relias.corMegal/msa-2017 25J-16 8116 <br />
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