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Item 37 - Agreement with COMPULINK Management Center Inc
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Item 37 - Agreement with COMPULINK Management Center Inc
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12/12/2023 4:24:57 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
37
Date
6/6/2023
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1. Force Majeure. Neither party will be liable for any failure or delay in <br />performance if the failure or delay is due to any war, riot, revolution, explosion or sabotage, <br />casualty beyond the reasonable control of such party and its employees, change in government <br />law, order or regulation. <br />J. Export Restrictions. Licensee acknowledges that the Laserfiche Software and all <br />related technical information, documents, and materials are subject to United States export <br />jurisdiction and controls under the U.S. Export Administration Regulation. Licensee must <br />comply with all applicable federal, state, county, and local laws, ordinances, regulations, and <br />codes, including but not limited to, the procurement of required permits, certificates, approvals; <br />and inspections in Licensee's performance of this Agreement. In addition, Licensee must comply <br />with applicable international export laws and regulations. Licensee represents, warrants and <br />certifies that Licensee will (i) comply strictly with all legal requirements, (ii) cooperate fully <br />with Laserfiche in any official or unofficial audit or inspection that relates to these controls, and <br />(iii) not export, re-export, divert, transfer, or disclose, directly or indirectly, any Laserfiche <br />Software or related technical information, document, or products to any country restricted by <br />applicable export laws or regulations, as modified from time to time, or to any national or <br />resident of such country, unless Licensee has obtained the prior written authorization of <br />Laserfiche, the U.S. Commerce Department and any other required govenunental authority. <br />K. U.S. Government Restricted Rights Notice. The Laserfiche Software is provided <br />with restricted rights. Use, duplication or disclosure for or by the government of the United <br />States, including without limitation any of its agencies or instrumentalities, is subject to the <br />restrictions set forth, as applicable: (i) in subparagraphs (a) through (d) of the Commercial <br />Computer Software Restricted Rights clause at FAR 52.227-19; (ii) in subparagraph (c)(1)(ii) of <br />the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013; or (iii) in <br />similar clauses in other federal regulations, including the NASA FAR supplement. Licensee and <br />any end user may not remove or deface any restricted rights notice or other legal notice <br />appearing in the Laserfiche Software or on any packaging or other media associated with the <br />Laserfiche Software. The contractor/ manufacturer is Compulink Management Center, Inc. dba <br />Laserfiche, 3545 Long Beach Blvd., Long Beach, California. <br />L. Captions. The captions used on this Agreement are for convenience only and will <br />not be a part of this Agreement. <br />M. Survival. The obligations of the parties set forth in this Agreement will survive <br />its termination. <br />N. This Agreement must be signed below and may be signed in counterpart and <br />delivered by fax, email as a PDF (Portable Document Format) file attachment, or other means <br />that displays the original or a copy of the signatures. Any subsequent amendments may be signed <br />and delivered in the same manner. <br />Laserfiche Enterprise Software License and <br />Professional Services agreement Page 22 <br />
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