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distribute, post on servers, transmit, redistribute, display, in whole or in part, by any means electronic or mechanical, or by any information storage and retrieval system, the contents of Lexipol Forum Pages, Release Notes and Guide Sheets to any third party for any purpose without prior written permission of Lexipol. Agency is hereby given permission by Lexipol to reproduce any or all of the contents of Policy Manual(s), Supplemental Policy Publications and/or Procedure Manuals, Policy and/or Procedure update content and Daily Training Bulletins for its internal use. Agency is hereby given permission by Lexipol to prepare derivative works based on any or all of the contents of Policy Manual(s), Supplemental Policy Publications and/or Procedure Manuals, Policy and/or Procedure update content and Daily Training Bulletins for its internal use. Subject to the provisions of this Section IX, Agency shall have a perpetual right and license to use all materials provided by Lexipol for internal use under this Agreement, and all derivative works based on such materials. X. DISCLAIMER OF WARRANTIES The service and all information is provided "as is" without warranties, express or implied, or representations of any kind whatsoever. There shall be no warranties of merchantability, fitness for a particular use, non -infringement of proprietary rights, enjoyment of the information or service, system integration, or accuracy of the information. To the fullest extent permitted by law, Lexipol disclaims any warranties for the security, reliability, timeliness, and performance of the information and the service. The entire risk as to satisfactory quality, performance, accuracy and effort is with Agency. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to Agency insofar as they relate to implied warranties. In those jurisdictions Lexipol shall use its best efforts, including industry standards of care, to insure satisfactory quality, performance and accuracy. XI. NON -WAIVER AND SEVERABILITY Lexipol's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this Agreement remain in full force and effect. XII. POLICY ADOPTION The Agency hereby agrees and certifies that any and all policies developed and provided by Lexipol and its agents, employees and representatives have been individually reviewed, customized and adopted for the exclusive use of the Agency. It is further acknowledged and agreed that Lexipol and its agents, employees and representatives shall not be considered "policy makers" in any legal or other sense and that, upon acceptance of the policy manual(s) and execution of this Agreement, the chief executive of the Agency for all purposes be considered the "policy maker" with regard to each and every policy contained in said manual. XIII. TERMINATION This Subscription Agreement may be terminated at the annual anniversary date of the subscription period by written notice to the other party at least 30 days preceding the subscription anniversary date. V05, 13, 13 Copyright 2013 © Lexipol, LLC 1995-2013