TIBURON, INC. 4B - 2013 - Laserfiche WebLink

Home Browse Search

notice period, the defaulting party cures such default to the satisfaction of the non - defaulting party (as evidenced by written notice delivered by the non - defaulting party, termination shall not take place. (c) Consequences of Termination Upon termination of this Agreement for whatever reason, (a) Tiburon shall be under no further obligation to provide support or any other services hereunder; (b) Tiburon shall return to the Client all Client confidential information in Tiburon's possession and shall certify in a written document signed by an officer of Tiburon that all such Information has been returned; (c) the Client shall return to Tiburon all Tiburon confidential information in the Client's possession (including, without limitation, all devices, records, data, notes, reports, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, equipment or other documents or property relating to such Tiburon confidential information and all copies of any of the foregoing (In whatever medium recorded) but not including any such information licensed to and paid for by the Client and shall certify in a written document signed by the authorized Client representative that all such information has been returned. Exclusions to Technical Support Services The following services are outside the scope of the Technical Support Services provided by Tiburon and may result in additional charges, on a time and material basis; (a) Repair of damage or the increase in service time due to any cause external to the System which adversely affects its operability or serviceability, including but not be limited to, fire, flood, water, wind, lightning, and transportation of the System from one location to another; (b) Repair of damage or the increase in service time caused by failure to continually provide a suitable installation environment, including, but not limited to, the failure to provide adequate electrical power, air conditioning or humidity control, or the Client's improper use, management or supervision of the System including, without limitation, the use of supplies and accessories. Proper use and environmental requirements are determined by the Product documentation; (c) Repair of problems caused by the use of the System for purposes other than for which it is designed; (d) Repair of problems caused by changes to the Hardware and /or the network made without obtaining Tiburon's prior approval; (e) Repair or replacement of any item of the System which has been repaired by others, abused or improperly, handled, improperly stored, altered or used with third party material, software or equipment, which material, software or equipment may be defective, of poor quality or incompatible with the System, and Tiburon shall not be obligated to repair or replace any component of the System which has not been installed by Tiburon or a Tiburon authorized technician; (f) Removal, relocation and /or reinstallation of the System or any component thereof; (g) Diagnosis time directly related to unauthorized components and /or misuse of the System, whether intentional or not