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2004-086 Resolution
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2004-086 Resolution
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Last modified
1/9/2014 3:58:48 PM
Creation date
12/30/2013 9:32:16 AM
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North Olmsted Legislation
Legislation Number
2004-086
Legislation Date
5/18/2004
Year
2004
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<br />``?r' (v) it shall not be sublicensed, assigned or transferred by Customer without the prior <br />written consent of SBC and/or its supplier(s). Any attempted sublicense, assignment or <br />transfer without such consent shall be void. <br />(b) The Soflware shall be treated in confidence by Customer. Customer shail implement <br />sufficient security measures to protect the Software from unauthorized disclosure. <br />(c) The Soflware may be disclosed to other persons solely for the purpose of installing, <br />operating or maintaining the particular Product for which it was furnished, provided such other <br />persons agree in writing prior to disclosure to the same conditions respecting ownership, use <br />and confidentiality as contained in this Section 11 and SBC is furnished with a copy of such <br />writing. <br />12.Maintenance. SBC wiii pravide remedial maintenance services upon Customer request in <br />order to restore ma(functioning components of the CPE to proper working order and will <br />provide periodic diagnostic maintenance and remote diagnostic maintenance as SBC deems <br />appropriate. This Agreement covers maintenance services to restore malfunctioning CPE <br />which occurs due to wear and tear resulting from normal use in accordance with standard <br />operating instructions. SBC's responsibility with respect to its obligation to provide remedial <br />maintenance service under this Agreement shall be limited to the Customer side of the point <br />of connection between the CPE that SBC maintains and the equipment provided by the local <br />telephone ufii(ity and to the provision of such services for: (i) the CPE and/or associated <br />system software stated herein; and (ii) such other equipment and/or software which is <br />subsequently added to this Agreement by a written document mutually agreed to by the <br />parties. In the event that SBC responds to Customer's request for service and Customer's <br />claim of CPE malfunction is due to problems on the local telephone utility's side of the point <br />of connection between the CPE and the equipment prouided by the local telephone utility or <br />due to malfunctions in equipment or software other than that covered by this Agreement, <br />Customer will be responsib(e for additional charges for such response in accordance with <br />SBC's then prevailing rates. Exclusions from this Agreement inc)ude batteries (including <br />batteries for equipment back-up), perishable/consuamble commodities (such as printer <br />cartridges or ribbons), headsets, portable telephones, answering machines, UPS systems, <br />power conditioners and power supplies (including batteries and chargers), consumables and <br />any software which is at a revision (evel not supported by the software licensor. In addition to <br />any other limitations or disc(aimers herein, the maintenance provided in this Agreement does <br />not cover malfunctions or defects resulting from abnormal or nonstandard uses or conditions <br />including, but not limited to, the foilowing types of causes: failure to provide a suitable <br />environment for the CPE, including exposure to improper temperature, humidity, chemicals <br />or airborne agents, Customer or third party abuse, misuse ar use contrary to standard <br />operating instructions; improper electrical voltages or rurrents; power or lightning surges or <br />power interruption; improper storage or placement of the CPE; damage caused by <br />unauthorized attachments or modification; use or interconnection of the CPE to incompatible <br />electrical or mechanical devices; accidents, conduct or actions not subject to SBC's control; <br />the installation, maintenance or disassembly, repair or alteration of the CPE by any person <br />other than SBC, or an entity expressiy approved by SBC in writing; damage caused by acts <br />of God or public enemy, such as fire, flood, wind, lightning, storm damage, strikes, iabor <br />disputes, vandalism, riots and war ("Force Majeure"). In such excepted cases, Customer will <br />EpamainUrev819-7-011sm 6
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