EPOLICEREPORT, LLC -2008 - Laserfiche WebLink

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WORK MAY PROCEED CLERH Of COUNCIL N-2008-147 9ATIvr...l 1.~ 1" ~' ~' ' ~ ePoliceReport, LLC e ' End User License Agreement Agreement Number; 081008-001 f`ioU ~rek~,~{e1d THIS AGREEMENT is between ePoliceReport, LLC ('~ePR'~ and the entity purchasing and using the software ("Agency's and the individuals accessing the software ("Users'. This Agreement describes Agency's right to access and use ePR's software and Web services (collectively, the "Services' that are hosted through ePR's Web servers. 1. License Grant. Subject to the terms of this Agreement, ePR grants Agency a limited, non-exclusive, non-transferable license to use the Services for Agency's internal business purposes only, and to make printed or electronic copies of any reports, numeric results and other information or materials generated from Agency's Users' access and use of the Services. Agency will provide access to the Services only to Agency's Users. Any updates, modifications, enhancements or new versions of the Services that ePR makes available to Agency will be Services for purposes of this Agreement. 2. duo and Customization. Agency will provide ePR with all information required for setup of Agency's ePR Web site and registration of Agency's administrator for the site ("Administrator'. ePR will create any necessary login pages and passwords for Agency's Administrator. Agency is responsible for registering all Users. During the Term, Agency may enroll as many Users as are identified on the Order Form. On request, ePR will create a customized look and feel for Agency's Web site and Agency will pay for all changes identified with that customization. 3. Content. If, in using the Software or Services, Agency or a User uploads, records or otherwise transmits any content to ePR's Web server, Agency is solely responsible for that content. Neither Agency nor Agency's Users will use the Services or upload, record or otherwise transmit any content that {a) infringes a third party's proprietary rights, rights of publicity or rights of privacy, (b) violates any law, statute, ordinance or regulation, (c) is defamatory, libelous, threatening, harassing, obscene, harmful or pornographic, or (d) contains any viruses or other software that is intended to damage or interfere with (or surreptitiously intercept or capture) any system, data or personal information. 4. Technical SuopQrt. ePR will provide technical support for the Services to Agency's Administrator, ePR's support obligation will be limited to telephone support during ePR's normal business hours (8:30 a.m. to 5:30 p.m. Pacific Time, Monday through Friday -excluding holidays). Technical support will address issues related to use of the Services but will not include issues related to a User's Internet connectivity or computer hardware. ePR will also maintain the Services and Agency's ePR Web site. Maintenance will normally be performed each Sunday between 5:00 p.m. and Z:00 a.m. (Pacific Time). During scheduled maintenance, the Services may not be available for use. If the Services are unavailable other than during regularly scheduled maintenance, the Term will automatically be extended by an amount equal to the unscheduled downtime. Extension of the Terrn will be Agency's only remedy for unscheduled downtime. Because of the inherent qualities of the Internet, ePR cannot prevent and, therefore, is not responsible for inadvertent security breaches, nor is ePR responsible for any failure to maintain the confidentiality of any information. 5. Ownership. ePR and its licensors will own and retain all applicable copyrights, trademarks, service marks, trade dress, trade seaets and other intellectual property rights in the ePOliceReport, LLC . tel 877.IT4.COPS .fax 408.528.8226 . www.epolicereport.can 5655 Silver Creek Valley Road, San Jose, California 95138-2473