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EPOLICEREPORT, LLC (2) - 2009
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EPOLICEREPORT, LLC (2) - 2009
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Last modified
5/5/2015 10:26:57 AM
Creation date
11/9/2009 5:20:47 PM
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Contracts
Company Name
EPOLICEREPORT, LLC
Contract #
N-2009-126
Agency
POLICE
Expiration Date
10/31/2010
Destruction Year
2020
Notes
need current insurance; Amended by N-2009-126-001, -002
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authorized. All graphics, logos, service marks and trade names, including third-party names, <br />product names and brand names (collectively, "Marks's relating to the Services are owned by ePR <br />or its affiliated entities. ePR reserves ail rights related to the Marks not expressly granted in this <br />Agreement. <br />6. Data Ownership. Agency will retain ownership of all report data entered by their Users. <br />ePR will not share the User's data without prior consent of the Agency. <br />7. Limitations on Use. Agency and Agency's Users will not, nor will they permit others to, <br />do any of the following: (a) sell, distribute, transmit or otherwise provide access or use to any <br />person not authorized by this Agreement, (b) stare Services in any information storage and <br />retrieval system which provides access to persons not authorized by this Agreement, (c) rent, <br />sublicense, lease or assign any license to the Software to anyone, (d) copy, reproduce, create <br />derivative works from, de-compile, disassemble or otherwise reverse-engineer. the Services, or (e) <br />make use of the Internet or an Intranet to provide access to the Services through any local or wide <br />area networks, timesharing services, multiple site arrangements or other vehicles which permit <br />multiple simultaneous access or distribution other than as provided by this Agreement. <br />8. Payments. Payments are due asset forth in the Order Form. Undisputed payments not <br />received when due wilt bear interest at the lower of 1.5% per month or the highest rate permitted <br />by law. ePR may suspend Services if Agency's payment of undisputed fees is 10 or more business <br />days late. ePR may also recover any sums spent in collecting undisputed sums not paid when due, <br />including reasonable attorneys' fees. If Agency continues using the Services after the Term, <br />Agency will pay ePR the then prevailing monthly rates for use of the Services until Agency stops <br />Agency's use. <br />9. Term and Termination. The initial term of this Agreement ("Term's is as set forth on <br />the Order Form. Either party may terminate this Agreement without cause at the end of the initial <br />Term or any renewal Term by providing the other party with 30 days prior written notice.. Agency <br />may terminate this Agreement if ePR fails to provide the Services to Agency and the breach is not <br />cured within flue days after ePR receives written notice of the breach. ePR may terminate this <br />Agreement if Agency breaches any term of this Agreement, including failing to make timely <br />payment of fees due, if the breach Is not cured within five days after Agency receives written <br />notice of the breach. On terminatlori with or without cause, all of Agency's payment obligations <br />due through the date of termination will be then due and payable, ePR may revoke the license <br />granted to Agency by this Agreement and ePR may immediately prohibit Agency's use and access <br />to the Services. <br />iQ. Limited Warranty and Disclaimer; Because of the possibilities of human and technical <br />error inherent in the input and compilation of data, Agency understands that the data provided by <br />ePR will contain errors. The prices which ePR is charging Agency for the Services is based, in part, <br />on ePR's expectation that Agency will bear the risk of any loss or injury which might be incurred by <br />Agency or Agency's Users in relying on that data. As a result, Agency is responsible for <br />determining that all data provided by ePR is sufficiently accurate for its purposes and that the <br />Services operate in a satisfactory manner. <br />ePR warrants to Agency that the Services will operate substantially in accordance with the <br />documentation provided to Agency online ("Documentation'. This limited warranty will apply only <br />during the first 60 days after the Services are first made available to Agency ("Warranty Period'. <br />If the Services do not function in accordance with their Documentation, ("Warranty Claim', and <br />Agency so notifies ePR in writing during the Warranty Period, Agency will be entitled to a refund of <br />ePoliceReport, LLC • tel 877.Ir4.COPS • fax 908.528.8226 • www.epollcereport.com <br />5655 Silver Creek Valley Road, San Jose, Callfornfa 95138-2473 <br />
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