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PB FARRADYNE 1
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Last modified
3/21/2017 2:13:19 PM
Creation date
9/30/2003 10:10:15 AM
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Contracts
Company Name
PB Farradyne
Contract #
A-2003-173
Agency
Public Works
Council Approval Date
8/4/2003
Expiration Date
12/31/2004
Insurance Exp Date
6/1/2008
Destruction Year
2009
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M/STO License 251u1y2006 <br />4.2 Licensor warrants for one (1) year from installation <br />that the Licensor-Owned Software will operate according <br />to specifications published by Licensor as of the date of <br />this license. If it is determined that the Licensor-Owned <br />Software does not operate according to such <br />specifications, Licensor's only responsibility will be to <br />apply best efforts in accordance with acknowledged best <br />industry practices and standards to cure the non- <br />conformance. In the event Licensor does not correct or <br />cure such nonconformity after it has had a reasonable <br />opportunity to do so, Licensee's exclusive remedy shall be <br />the refund of the amount paid as license fee for the <br />nonconforming module of the Licensor Owned Software. <br />Licensor shall not be obligated to correct, cure, or <br />otherwise remedy any nonconformity in the Licensor <br />Owned Software if Licensee has made any changes <br />whatsoever to the Licensor Owned Software, if the <br />Licensor Owned Software has been misused or damaged <br />in any respect, or if Licensee has not reported to Licensor <br />the existence and nature of such nonconformity promptly <br />upon discovery thereof. <br />After the expiration of the warranty period, and if <br />requested by Licensee, Licensor may, if it desires, provide <br />maintenance services integration services and/or extended <br />warranties for the Licensor-Owned Software at Licensor's <br />established prices. <br />4.3 Copyright and Patent Indemnity. If a third party <br />claims that the Licensee Owned Software infringes its <br />patent, copyright or trade secret or any other similar <br />intellectual property right, Licensor will defend Licensee <br />against that claim at Licensor's expense and pay for all <br />damages that a court finally awards provided that Licensee <br />promptly notifies Licensor in writing of the claim. <br />Licensor shall conduct the defense in any such third party <br />action arising as described herein and the Licensee shall <br />fully cooperate with such defense. This indemnification is <br />limited to the Licensor-Owned Software, including <br />modifications thereto made by Licensor or with Licensor's <br />knowledge and consent and does not cover third party <br />claims arising from modifications not authorized by or <br />performed with the knowledge of Licensor or the use of <br />the Licensor-Owned Software in a combination or manner <br />not specified by the Licensor. <br />4.5 THE WARRANTIES CONTAINED HEREIN ARE <br />APPLICABLE ONLY IN REGARD TO THE USE OF <br />LICENSOR-OWNED SOFTWARE FOR THE <br />PURPOSES SET FORTH HEREIN AND, ff LICENSOR <br />PROVIDES THE DRIVERS THEREFOR OR, <br />INSTALLS SAID SOFTWARE THEREFOR, AND TO <br />THE EXTENT OF SUCH INSTALLATION, <br />IDENTICAL APPLICATIONS OF THE SOFTWARE <br />ON EQUIPMENT HEREUNDER. LICENSOR MAKES <br />NO WARRANTY, EXPRESS, IMPLIED OR <br />OTHERWISE, IN REGARD TO ANY OTHER USE OR <br />INSTALLATION OF THE LICENSOR-OWNED <br />SOFTWARE OR LICENSEE MODIFICATION OF <br />SUCH SOFTWARE UNLESS SUCH MODIFICATION <br />AND INSTALLATION IS MADE BY LICENSOR. <br />4.6 EXCEPT FOR THE EXPRESS WARRANTY <br />STATED ABOVE, LICENSOR DISCLAIMS ALL <br />WARRANTIES ON THE LICENSOR -OWNED <br />SOFTWARE FURNISHED HEREUNDER, INCLUDING <br />ALL IMPLIED WARRANTIES OF <br />MERCHANTABILITY, FITNESS FOR A <br />PARTICULAR PURPOSE OR SUITABILITY. THERE <br />SHALL BE NO LIABILITY ON THE PART OF <br />LICENSOR FOR DAMAGES INCLUDING BUT NOT <br />LIMITED TO SPECIAL, INDIRECT, OR <br />CONSEQUENTIAL DAMAGES ARISING OUT OR IN <br />CONNECTION WITH THE USE OR PERFORMANCE <br />OF THE LICENSOR-OWNED SOFTWARE EVEN IF <br />LICENSOR HAS BEEN ADVISED OF THE <br />POSSIBILITY OF SUCH DAMAGES. <br />5. Termination <br />5.1 This License to use the Licensor-Owned Software <br />shall terminate when the Licensee discontinues the use of <br />the Licensor-Owned Software on the Equipment. This <br />Agreement may also be terminated by Licensor if Licensee <br />fails to comply with any term or condition of this License <br />and fails to correct such noncompliance within 30 days <br />after receipt of Licensor's written notification thereof or <br />such longer period as Licensor may allow in writing. <br />4.4 All warranties and indemnities by the Licensor <br />contained herein shall immediately be null and void as to <br />modifications of the Licensor-Owned Software by anyone <br />other than the Licensor. <br />3 <br />
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