1994 014 Ordinance - Laserfiche WebLink

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Mayfield Village Creative Microsystems, Inc. The hardware support services provided for in this agreement are intended to supplement, but not replace, the hazdware maintenance services provided by the appropriate hardware maintenance contract as recommended or required by the manufacturer of the hardware. 5.) WARRANTIES AND LIMITATION OF LIABILITY In the CMI Hardware Sales and Software License Agreement, CMI warrants that CMI software will perform as detailed in the CMI softwaze specifications for a period of one (1) year beginning on the date of installation, provided that it is implemented and operated in accordance with CMI's written instructions. The wananty and any related software support provided under this Support Agreement shall immediately terminate and be of no force or effect in the event that the PROGRAM is modified by CUSTOMER in any manner not direcdy supervised and expressly authorized by CMI. CMI's sole obligation and liability under this Support Agreement shall be to support the software application(s) listed in this agreement according to the terms of this agreement and to honor the warranties described in the CMI sofiware license agreement described previously. IN NO EVENT SHALL CMI BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH PROVIDING OR FAII.,ING TO PROVIDE THE SERVICE DESCRIBED HEREIN. CMI AND CUSTOMER AGREE THAT THE ONLY WARRANTIES PROVIDED ARE THOSE DESCRIBED IN THE CMI HARDWARE SALES AND SOFTWARE LICENSE AGREEMENT. 6.) TERMINATION The CUSTOMER may terminate this Agreement at any time upon: - 30 Days written notice of termination presented to CMI and - Payment of all of the outstanding CMI invoices. CMI may terminate this Agreement by reason of breach by CUSTOMER of any term of this Agreement and/or the related soflwaze license agreement, and/or in the event that CUSTOMER shall fail to pay any invoice according to the terms of this agreement, or become insolvent or a party to any bankruptcy or receivership proceeding or any similar action affecting the affairs or property of CUSTOMER. 7.) GENERAL PROVISIONS This Agreement, including all addenda, shall be govemed by the laws of the State of Ohio. This Agreement, including all addenda, contains the complete and exclusive statement of the Agreement between the parties and supersedes all prior discussions, proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of both parties. All notices hereunder shall be in writing and shall be deemed to have been given when mailed by Certified Mail, return receipt requested to the address of the parties first written above or by delivering in person to either party. This Agreement may be executed in one (1) or more copies, each of which shall be deemed an original. The headings contained in this Agreement are for reference purposes only and shall not affect the interpretation 2