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<br /> improve user satisfaction. During the initial period of this Agreement, the customer understands
<br /> that the use of these additional products is included in the originally agreed upon monthly managed
<br /> services fees.
<br /> At contract renewal, the customer acknowledges that this added functionality may have
<br /> additional monthly managed service charges associated with it and that monthly managed services
<br /> rates on renewals may have a higher rate than preceding years.
<br /> 4. CONTENT PROVIDED TO GRANICUS
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<br /> 4.1 Responsibility for Content. The Client shall have sole control and responsibility
<br /> over the determination of which data and information shall be included in the Content that is to be
<br /> transmitted, including, if applicable, the determination of which cameras and microphones shall be
<br /> operational at any particular time and at any particular location. However, Granicus has the right
<br /> (but not the obligation) to remove any Content that Granicus believes violates any applicable law
<br /> or this Agreement.
<br /> 4.2 Restrictions. Client shall not provide Granicus with any Content that: (i) infringes
<br /> any third party's copyright, patent, trademark, trade secret or other proprietary rights; (ii) violates.
<br /> any law, statute, ordinance or regulation, including without limitation the laws and regulations
<br /> governing export control and e-mail/spam; (iii) is defamatory or trade libelous; (iv) is pornographic
<br /> or obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane,
<br /> defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes
<br /> unlawful content or activity; (v) contains any viruses, or any other similar software, data, or
<br /> programs that may damage, detrimentally interfere with, intercept, or expropriate any system, data,
<br /> information, or property of another.
<br /> 5. TRADEMARK OWNERSHIP. Granicus and Client's Trademarks are listed in the
<br /> Trademark Information exhibit attached as Exhibit D.
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<br /> 5.1 Each Party shall retain all right, title and interest in and to their own Trademarks,
<br /> including any goodwill associated therewith, subject to the limited license granted to the Client
<br /> pursuant to Section 2 hereof. Upon any termination of this Agreement, each Party's right to use the
<br /> other Party's Trademarks pursuant to this Section 5 terminates.
<br /> 5.2 Each party grants to the other a non-exclusive, non-transferable (other than as
<br /> provided in Section 5 hereof), limited license to use the other party's Trademarks as is reasonably
<br /> necessary to perform its obligations under this Agreement, provided that any promotional materials
<br /> containing the other party's trademarks shall be subject to the prior written approval of such other
<br /> party, which approval shall not be unreasonably withheld.
<br /> 6. LIMITATION OF LIABILITY
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<br /> 6.1 WarrantDisclaimer. Except as expressly provided herein, Granicus' services,
<br /> software and deliverables are provided "as is" and Granicus expressly disclaims any and all express
<br /> or implied warranties, including but not limited to implied warranties of merchantability, non-
<br /> infringement of third party rights, and fitness for a particular purpose. Granicus does not warrant
<br /> that access to or use of its software or services will be uninterrupted or error free. In the event of
<br /> any interruption, Granicus' sole obligation shall be to use commercially reasonable efforts to
<br /> restore access.
<br /> 6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law,
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