Laserfiche WebLink
flock safety <br />7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the <br />Flock Hardware, Agency Hardware or Embedded Software in any manner. <br />7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the <br />Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation <br />Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean <br />and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for <br />unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond <br />Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail <br />of any scheduled service disruption. <br />7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY'S SOLE REMEDY, AND <br />FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE, THE FLOCK <br />DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES <br />IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE <br />SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED <br />"AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT <br />LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR <br />PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE <br />EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF <br />NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. <br />7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably <br />commensurate with the magnitude of Flock's business risk. Certificates of Insurance can be provided upon request. <br />7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause <br />beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist <br />acts, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, <br />weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of <br />Agency or any Authorized End User. <br />8. LIMITATION OF LIABILITY, NO FEE TERM; INDEMNITY <br />8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS <br />SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), <br />OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE <br />