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distribute, post on servers, transmit, redistribute, display, in whole or in part, by any means electronic <br />or mechanical, or by any information storage and retrieval system, the contents of Lexipol Forum <br />Pages, Release Notes and Guide Sheets to any third party for any purpose without prior written <br />permission of Lexipol. <br />Agency is hereby given permission by Lexipol to reproduce any or all of the contents of Policy <br />Manual(s), Supplemental Policy Publications and/or Procedure Manuals, Policy and/or Procedure <br />update content and Daily Training Bulletins for its internal use. Agency is hereby given permission by <br />Lexipol to prepare derivative works based on any or all of the contents of Policy Manual(s), <br />Supplemental Policy Publications and/or Procedure Manuals, Policy and/or Procedure update content <br />and Daily Training Bulletins for its internal use. <br />Subject to the provisions of this Section IX, Agency shall have a perpetual right and license to use all <br />materials provided by Lexipol for internal use under this Agreement, and all derivative works based on <br />such materials. <br />X. DISCLAIMER OF WARRANTIES <br />The service and all information is provided "as is" without warranties, express or implied, or <br />representations of any kind whatsoever. There shall be no warranties of merchantability, fitness for a <br />particular use, non-infringement of proprietary rights, enjoyment of the information or service, system <br />integration, or accuracy of the information. To the fullest extent permitted by law, Lexipol disclaims any <br />warranties for the security, reliability, timeliness, and performance of the information and the service. <br />The entire risk as to satisfactory quality, performance, accuracy and effort is with Agency. <br />Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing <br />disclaimers may not apply to Agency insofar as they relate to implied warranties. In those jurisdictions <br />Lexipol shall use its best efforts, including industry standards of care, to insure satisfactory quality, <br />performance and accuracy. <br />XI. NON-WAIVER AND SEVERABILITY <br />Lexipol's failure to exercise any right or provision of this Agreement shall not constitute a waiver of <br />such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be <br />invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' <br />intentions as reflected in the provision, and agree that the other provisions of this Agreement remain in <br />full force and effect. <br />XII. POLICY ADOPTION <br />The Agency hereby agrees and certifies that any and all policies developed and provided by Lexipol <br />and its agents, employees and representatives have been individually reviewed, customized and <br />adopted for the exclusive use of the Agency. It is further acknowledged and agreed that Lexipol and its <br />agents, employees and representatives shall not be considered "policy makers" in any legal or other <br />sense and that, upon acceptance of the policy manual(s) and execution of this Agreement, the chief <br />executive of the Agency for all purposes be considered the "policy maker" with regard to each and <br />every policy contained in said manual. <br />XIII. TERMINATION <br />This Subscription Agreement may be terminated at the annual anniversary date of the subscription <br />period by written notice to the other party at least 30 days preceding the subscription anniversary date. <br />Copyright 2013 © Lempol, LLC 1995-2013 <br />V05.13.13 <br />25A-16