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Agreement No. D07-131 <br />Section 5. WARRANTY <br />A. OCFA acknowledges that the Landbase was never intended to be used <br />for emergency services. Consequently, OCFA bears all responsibility. for__the use or <br />compatibility of Landbase with OCFA's intended use. The Landbase is provided "as is," <br />without warranty of any kind, either expressed or implied, as to the accuracy, <br />thoroughness, value, quality, validity, merchantability, suitability, condition, or fitness for <br />a particular purpose. The entire risk as to the quality and content or accuracy of the <br />Landbase or the Source Data is with,. OCFA. The County does not warrant that the <br />Landbase will meet the requirements of the applications intended by OCFA or that any <br />Source Data provided by the County will be current, error-free, complete, or based upon <br />accurate or meaningful facts. <br />B. OCFA further understands and agrees that it is possible that errors and <br />omissions will occur in data input and/or programming performed by the County to <br />provide the Landbase in the form desired, and OCFA further understands and agrees <br />that it is highly probable that errors and omissions will occur in any record keeping <br />process, especially when large numbers of records are developed and maintained, and <br />that the Landbase or the Source Data may not meet OCFA's standards as to accuracy <br />or completeness; notwithstanding the forgoing, OCFA agrees to accept the Landbase <br />and any Source Data provided by the County "as is," fully expecting that errors and <br />omissions in any data obtained from the County may exist. <br />C. In no event will County be liable for any direct, indirect, consequential <br />incidental, punitive, or special damages, including, but not limited to, lost profits, lost <br />savings, or lost sales due to business interruption arising out of the use by OCFA and/or <br />its consultants of, or their inability to use Landbase, even if County has been advised of <br />the possibility of such damages. Further, OCFA acknowledges that the County shall not <br />be required to retain, maintain or support the Landbase or the Source Data in the future. <br />D. ~ ° County warrants that it has the legal right to license the Landbase and ~ - -= ~ - F - <br />both parties warrant that they have the right to enter into this Agreement. <br />Section 6. CONFIDENTIALITY AND INJUNCTIVE RELIEF <br />A. OCFA hereby acknowledges the County's position that the Landbase is a <br />valuable proprietary product, embodying substantial creative efforts, trade secrets, and <br />confidential information, ideas, and expressions. Accordingly, OCFA agrees to treat <br />(and take precautions to ensure that its employees and Users treat) the Landbase as <br />confidential information in accordance with the confidentiality requirements and <br />conditions set forth below. <br />B. Maintenance of Confidential Information <br />Page 4 of 7 <br />