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25J - PO FOR LAPTOP KIOSK
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25J - PO FOR LAPTOP KIOSK
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Last modified
11/25/2020 12:16:04 PM
Creation date
11/25/2020 12:07:05 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Library
Item #
25J
Date
12/1/2020
Destruction Year
2025
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Exhibit 2 <br />2. YOUR RESPONSIBILITIES <br />You agree to: <br />2.1 Use Kiosks in accordance with LaptopsAnytime's specifications. <br />2.2 Correct any discrepancy(s) in use that is not compliant with LaptopsAnytime's specifications. <br />2.3 Provide electrical work external to the Kiosks. <br />2.4 Provide a hazard -free environment for the Kiosks. Damage due to hazardous environmental <br />conditions are not the responsibility of LaptopsAnytime. Hazardous environmental conditions include, <br />but are not limited to, corrosive atmospheres, electrical spikes or noise, or severe ambient <br />temperature changes. <br />2.5 Be responsible for certain routine maintenance tasks such as external cleaning of the Kiosks, <br />performing operational checks, and replacing parts as recommended by LaptopsAnytime. <br />2.6 Refrain from altering, modifying, or changing any Kiosks, and from reverse engineering the <br />Kiosk. <br />2.7 Allow LaptopsAnytime full and free access to the Kiosks for purposes of corrective and/or <br />preventive maintenance. <br />2.8 Provide safe access to Kiosks for service and maintenance. <br />2.9 Abide by the terms of the End User License Agreement. <br />3. TERM OF AGREEMENT. The term of this Agreement begins after the installation of the Kiosk(s) by <br />LaptopsAnytime and shall remain effective until November 30, 2023. Notwithstanding the foregoing, you <br />may terminate this Agreement at any time; however, there is no refund of any portion of the annual fee <br />paid in the event of a termination of this Agreement prior to the expiration of any Service Package Period. <br />4. LIMITATION OF LIABILITY. In no event shall LaptopsAnytime be liable for any warranties that <br />are not specifically set forth in this Agreement. Specifically, you agree that LaptopsAnytime is not liable <br />for any warranties implied by law or otherwise, including any warranty of merchantability or fitness for <br />a particular purpose. <br />5. GENERALTERMS <br />5.1 Governing Law and Choice of Forum. This Agreement shall be governed by and interpreted in <br />accordance with the laws of the state of California without regard to the conflicts of law rules thereof. <br />Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state <br />courts situated within Orange County, California to the maximum extent permitted bylaw, you hereby <br />consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or <br />venue of such courts. <br />5.2 Severability. If any term or provision of this Agreement is declared void or unenforceable in a <br />particular situation, by any judicial or administrative authority, this declaration shall not affect the <br />validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability <br />of the offending term or provision in any other situation. <br />5.4 Headings. The headings contained in this Agreement are incorporated for reference purposes <br />only and shall not affect the meaning or interpretation of this Agreement. <br />25J-6 <br />
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