RES 120 Draft 01 2018-2020 - Laserfiche WebLink

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3.NON-CITILABS PROVIDERS 3.1 Acquisition of Non-Citilabs Products and Services. Users must obtain a license for ArcGIS from Esri in order to use the Services. Users must also agree with the terms of the EULA attached as Appendix 1 in order to lawfully use certain data provided with the Services that is owned by HERE. We or third parties may from time to time make available to You other third- party products,data,content or services,including but not limited to Non-Citilabs Applications and implementation,data,customization and other consulting services.Any acquisition by You of such Non-Citilabs products or services,and any exchange of data between You and any Non- Citilabs provider,is solely between You and the applicable Non-Citilabs provider.We do not warrant or support Non-Citilabs products or services. 3.2.Non-Citilabs Applications and Your Data. If You install or enable Non-Citilabs Applications for use with Services,You acknowledge that We may allow providers of those Non-Citilabs Applications to access Your Data as required for the interoperation of such Non-Citilabs Applications with the Services.We shall not be responsible for any disclosure,modification or deletion of Your Data resulting from any such access by Non-Citilabs Application providers.The Services shall allow You to restrict such access by restricting Users from installing or enabling such Non-Citilabs Applications for use with the Services. 4.PROPRIETARY RIGHTS 4.1. Reservation of Rights in Services. Subject to the limited rights expressly granted hereunder,We reserve all rights,title and interest in and to the Services and the Sugar Platform application, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein. 4.2. Restrictions.You shall not(i)share Your login name or password with anyone other than Users or permit any third party to access the Services,(ii)create derivative works based on the Services or Sugar Platform,(iii)copy,frame or mirror any part or content of the Services,(iv) reverse engineer the Services or Sugar Platform to discover the source code form of the software, or(v)access the Services or Sugar Platform in order to(a)build a competitive product or service, or(b)copy any features,functions or graphics of the Services or Sugar Platform. 5. LIMITATION OF LIABILITY WE DO NOT MAKE ANY WARRANTIES OF ANY KIND,WHETHER EXPRESS,IMPLIED,STATUTORY OR OTHERWISE,AND WE SPECIFICALLY DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER STATUTORY,EXPRESS OR IMPLIED,INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY DIRECT,INDIRECT,SPECIAL, INCIDENTAL,CONSEQUENTIAL,COVER OR PUNITIVE DAMAGES HOWEVER CAUSED,WHETHER IN CONTRACT,TORT(INCLUDING NEGLIGENCE)OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER.