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Item 23 - Agreement for Field Training Management and Community Engagement Software
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08/20/2024
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Item 23 - Agreement for Field Training Management and Community Engagement Software
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Last modified
8/14/2024 3:47:33 PM
Creation date
8/14/2024 10:21:49 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
23
Date
8/20/2024
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Docusign Envelope ID: 7C3482BF-606B-48FF-BB93-F1 F08ABDC5131 <br />TM P(DwerDMS <br />N E Digital Management Software <br />ANEDMOMMMly <br />in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein. <br />Notwithstanding the foregoing, NEOGOV reserves the right to charge for access with effect from the start of each <br />Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term. <br />API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process. <br />Customer agreesto monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or <br />any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior. <br />This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may <br />update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the <br />most recent version(s). You are required to make any such changes to Customer Applications that are required for <br />integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer <br />Applications communicate with the Services. <br />8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to <br />be made in too short a period of time, as -determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to <br />throttle your API connections,or suspend or terminate your access to the Open API. NEOGOV shall use reasonable <br />efforts to provide Customer notice and reasonable time to cure prior to taking such actions. <br />Oven API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT <br />WILL NEOGOVBE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, <br />NEGLIGENCE, STRICTLIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST <br />PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF <br />BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY <br />KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE <br />AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE <br />FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU <br />MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE <br />YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. <br />10. Oven API Termination. Notwithstanding the additional Termination rights herein, NEOGOV may immediately <br />terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or without <br />notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any <br />notice if you violate any of the terms and conditions of this Agreement. <br />13 <br />
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