Laserfiche WebLink
Agreement between Vlslphor Corporation and City of Santa Ana [Exhibit E] <br />termination are in addition to, and not in lieu of, any other monies payable to the <br />Customer under this Section 4.2. <br />4.3 VISIPHOR will have no obligation under Section 4.2 to Che extent that the <br />Software infringes upon any third party rights as a result of: (a) improvements or <br />modifications to the Software not made by or with the knowledge of VISIPHOR or the <br />use or distribution of the Software in combination with programs or items not famished <br />or approved by VISIPHOR, if such infringement would not have occurred from the use <br />or distribution of the Software alone, or (b) if such infringement arises as a result of <br />VISIPHOR's compliance with the Customer's designs or specifications not approved by <br />VISIPHOR, or (c) if the alleged infringement could have been avoided by the use of a <br />subsequent version of the Software made available to the Customer by VISIPHOR. <br />VISIPHOR's obligations under Section 4.2 set forth VISIPHOR's entire liability and the <br />Customer's sole remedy for any claim that the Software infringes the Intellectual <br />Property Rights of any other Person. <br />4.4 VISIPHOR represents and warrants to the Customer that except as otherwise <br />speci5ed in this Agreement, the Softwaze delivered to the Customer under this <br />Agreement will be original works of VISIPHOR. <br />5. CONDITIONS FOR USE <br />5.1 The right to use the Software is granted by VISIPHOR to the Customer, for use <br />by it and the Permitted Sublicensees solely to meet their own operational requirements. <br />5.2 By accepting the License, the Customer agrees to exclude any type of use not <br />expressly authorized, and notably translation of the Software, adaptation, creation of <br />derived programs, change or arrangement, correction of errors, in whole or in part, <br />without prior written permission from VISIPHOR or as otherwise expressly permitted by <br />this License Agreement. Except as permitted by Section 7.12, the Customer will not, and <br />will ensure that the Permitted Sublicensees will not, decompile or reverse engineer the <br />Software. The Customer also agrees not to lend for hve the Software or, except as <br />expressly authorized in writing by VISIPHOR, make it available to any Person other than <br />a Permitted Sublicensee by uploading or distributing it, in any form or by any means. <br />5.3 Any use other than that provided for under this License Agreement requires a <br />rider to the License with an additional fee where applicable. <br />6. REPRESENTATIONS AND WARRANTIES <br />6.1 VISIPHOR wazrants for a period of 90 days from the date of receipt: <br />(a) that the media on which the Software is recorded is free from any defect in <br />materials and workmanship under normal conditions of use. VISIPHOR agrees to <br />replace any defective media on condition that it is sent back during this time, <br />accompanied by a written description of the problem and the receipt; and <br />Deleted: 16/072006 <br />Confidential Page4 17/07200 <br />City of Same Ane-ExhibitE Copyright®200b-Visiphor Corporation <br />