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Last modified
1/8/2024 3:12:24 PM
Creation date
1/8/2024 3:08:29 PM
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Contracts
Company Name
PRYMEINFIL
Contract #
N-2024-005
Agency
Police
Expiration Date
12/15/2024
Insurance Exp Date
1/1/1900
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G0P R Y ME I N F I L Purchase Order and Live -User Agreement <br />will not be required to pay the annual User Fee for the remainder of the Term, however under no <br />circumstances will there be any refund or return of any User Fee amounts previously paid by <br />Customer. In addition to the foregoing, Pryme Infil may terminate this Agreement immediately <br />and automatically without any notice if Customer violates any of the terms and conditions of this <br />Agreement, including late payment of User Fees or any User(s) violation of the provision of this <br />Agreement related to the License granted hereunder — without reimbursement of fees previously <br />paid by the Customer. Upon termination, Customer shall immediately delete the Application and <br />all copies thereof from Customer's and all User's mobile devices. Upon termination: (a) all rights <br />granted to Customer under this Agreement will also terminate; and (b) Customer must cease all <br />use of the Application and delete all copies of the Application from its mobile device and account, <br />and ensure that all Users do the same. Termination will not limit any of Pryme Infil's rights or <br />remedies at law or in equity. <br />8. Customer Data. All raw data input by Customer into the Application ("Customer <br />Data") will be end -to -end encrypted (data at rest/in transit). Such Customer Data will be stored <br />within the Amazon's GovCloud Web Services servers in a separate Customer -designated space. <br />At the termination of this Agreement, Pryme Infil will, at the option of the Customer, either: (a) <br />download all Customer Data to an external hard drive of Pryme Infil's choosing (such as a flash <br />drive) and deliver the drive to Customer. Upon confirmation of receipt of the drive by Customer, <br />Pryme Infil shall delete all Customer Data from its servers (including any raw data stored with <br />Amazon's GovCloud Web Services), within sixty (60) calendar days thereof; or (b) Pryme Infil <br />will continue to store the Customer Data on behalf of the Customer for an annual fee based on <br />Customer's agency size and/or data size, provided that such storage services shall be subject to a <br />separate written agreement between Customer and Pryme Infil to be entered into at the termination <br />of this Agreement. <br />9. Disclaimer of Warranties. THE APPLICATION IS PROVIDED "AS IS" AND <br />WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE <br />MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PRYME INFIL, ON ITS <br />OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR <br />RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL <br />WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH <br />RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON - <br />INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF <br />DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT <br />LIMITATION TO THE FOREGOING, PRYME INFIL PROVIDES NO WARRANTY OR <br />UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE <br />APPLICATION WILL MEET CUSTOMER'S REQUIREMENTS, ACHIEVE ANY <br />INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, <br />APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, <br />MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR -FREE, OR <br />THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME <br />JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED <br />WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF <br />
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