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<br />,. 3. LlMITED WARRANTY
<br />3.1 LN represents and warrants that it has the right and
<br />authority to make the Online Services and Materials
<br />available pursuant to these General Terms and Conditions.
<br />
<br />.13.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION
<br />3.1, THE ONLINE SERVICES AND MATERIALS ARE
<br />PROVIDED ON AN 'AS IS", 'AS AVAILABLE" BASIS AND
<br />LN AND EACH THIRD PARTY SUPPLIER OF MATERIALS
<br />EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING
<br />THE WARRANTIES OF MERCHANTABILITY AND
<br />FITNESS FOR A PARTICULAR PURPOSE.
<br />
<br />4. LIMITATION OF LIABILITY
<br />4.1 A Covered Party (as defined below) shall not be liable
<br />for any loss, Injury, claim, liability, or damage of any kind
<br />resulting In any way from (a) any errors In or omissions
<br />from the Online Services or any Materials available or not
<br />Included therein, (b) the unavailability or Interruption of the
<br />Online Services or any features thereof or any Materials, (c)
<br />your use of the Online Services or Materials (regardless of
<br />whether you received any assistance from a Covered Party
<br />In using the Online Services), (d) your use of any
<br />equipment in connection with the Online Services, (e) the
<br />content of Materials, or (f) any delay or failure in
<br />perfonnance beyond the reasonable control of a Covered
<br />Party.
<br />
<br />4.2 'Covered Party' means (a) LN, its affiliates, and any
<br />officer, director, employee, subcontractor, agent, successor,
<br />or assign of LN or its affiliates; and (b) each third party
<br />supplier of Materials, their affiliates, and any officer,
<br />~irector, employee, subcontractor, agent, successor, or
<br />/,sslgn of any third party supplier of Materials or any of their
<br />affiliates.
<br />
<br />4.3 THE AGGREGATE LIABILITY OF THE COVERED
<br />PARTIES IN CONNECTION WITH ANY OTHER CLAIM
<br />ARISING OUT OF OR RELATING TO THE ONLINE
<br />SERVICES OR MATERIALS SHALL NOT EXCEED THE
<br />AMOUNT OF YOUR ACTUAL DIRECT DAMAGES. YOUR
<br />RIGHT TO MONETARY DAMAGES IN THAT AMOUNT
<br />SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH
<br />YOU JUNE HAVE AGAINST ANY COVERED PARTY.
<br />
<br />4.4 THE COVERED PARTIES SHALL NOT BE LIABLE
<br />FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR
<br />CONSEQUENTIAL DAMAGES OF ANY KIND
<br />WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
<br />ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING
<br />FROM, OR ARISING IN CONNECTION WITH THE
<br />ONLINE SERVICES, MATERIALS, OR THE FAILURE OF
<br />ANY COVERED PARTY TO PERFORM ITS
<br />OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE
<br />OF ANY COVERED PARTY.
<br />
<br />5. MISCELLANEOUS
<br />5.1 These General Terms and Conditions, including the
<br />Additional Terms, may be changed from time to time as
<br />described below or by written agreement. Charges and
<br />payment terms may be changed in accordance with your
<br />applicable price schedule; all other provisions may be
<br />changed by LN immediately upon notice. Your subscription
<br />for access to the Online Services may be terminated
<br />immediately upon notice to LN if any change Is
<br />unacceptable. Continued use of the Online Services
<br />following any change constitutes acceptance of the change.
<br />
<br />5.2 LN may terminate the subscription for access to the
<br />Online Services. The effective date of termination shall be
<br />ten days after the receipt of an appropriate notice of
<br />termination, unless a later date Is specified in the notice.
<br />LN may suspend or discontinue providing the Online
<br />Services to you without notice and pursue any other
<br />remedy legally available to It If you fall to comply with any of
<br />your obligations hereunder.
<br />
<br />5.3 Except as otherwise provided herein, all notices and
<br />other communications hereunder shall be in writing or
<br />displayed electronically In the Online Services by the
<br />provider thereof. Notices shall be deemed to have been
<br />properiy given on the date deposiled in the U.S. mails, If
<br />mailed; on the date first made available, if displayed In the
<br />Online Services; or on the date received, if delivered in any
<br />other manner. Notices to LN should be sent to your
<br />account representative. Notices to Subscriber shall be sent
<br />to the address indicated on the cover page.
<br />
<br />5.4 The failure of either party or any third party supplier of
<br />Materials to enforce any provision hereof shall not
<br />constitute or be construed as a waiver of such provision or
<br />of the right to enforce it at a later time.
<br />
<br />5.5 The subscribing organization or individual may not
<br />assign its rights or delegate Its duties under the subscription
<br />to access the Online Services without the prior written
<br />consent of LN.
<br />
<br />5.6 The Agreement shall be govemed by and construed in
<br />accordance with the laws of the State of Callfomia.
<br />
<br />5.7 Each third party supplier of Materials has the right to
<br />assert and enforce these provisions directly on its own
<br />behalf as a third party beneficiary.
<br />----------END OF EXHIBIT A-----
<br />
<br />Page 4 018
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<br />Customized Statellocal Government Per Search Subscription Agreement. July 2004 31Aug2004
<br />CAH-Sfl011-SanlaAnaPoIIce-1 PF#93473.oo
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