2002-095 Ordinance - Laserfiche WebLink

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? WES1 Gh()[!I' A 1-i(Nd5(iN ?J`:1F':1R•: Subscriber Agreement for internet - Based Services AGREEMENT entered into between services ("Services"), as foilows: 1. Subscription Subscriber may subscribe to the Services by agreeing to the terms and conditions of this Agreement and by submitting a then-current West Group order form ("Order Form") and identifying the Intemet- based product requested by Subscriber. 2. License (a) Grant. Subscriber is hereby granted a non-exGusive, non- transferable, limited license to access the Services. The Services may consist of various West-owned and third party databases, services, functions and remotely-accessed gateways (all of which may be referred to as "Features") which may change from time to time. Access to certain Features may 6e resVicted. Subscnber is licensed to use data made available to Subscriber on the Services ("5ervice Data ° which indudes "Downloaded Service Data" as defined below) solely for Subscriber's intemal business purposes and in the regufar course of Subscriber's legal (associated with the practice of law) and other research and related work. Certain Features are licensed subject to paragraph 3 or subject to Additional Tertns (as defined below), all of which take precedence over the license granted in this paragraph. Except as othervvise provided with respect to certain Service Data, tlhe license indudes the right to download and temporarily store insubstantial portions of Service Data ("Downloaded Service Data") to a storage device under Subscribers exclusive control solely (i) to display intemally such Downloaded Service Data and (ii) to quote and excerpt such Downloaded Service Data (appropriately cited and credited) by electronic cutting and pasting or other means in memoranda, briefs and similar worlc product created by 5ubscriber in the regular course of its research and work. Subscriber may also create printouts of Service Data for intemal use and for distribution to third parties if such third parties agree not to further disfibute the pnntouts. Subscriber may use any Service Data or any other inforrnation cached in 5ubscxiber's local disk drive solely in support of its use of the Services and for no other purpose. The Services are licensed for use at a single Subscriber office location (`Site"), unless otherwise agreed by the parties. The Order Form will indicate the number of concurrent users authorized to access eacfi product. (b) Limitations. Subscriber may not reverse engineer, decompiie, disassemble or otherwise attempt to discem the source code of the components of the Senrices. Further, Subscriber may not reproduce all or any portion of the components of the 5enrices. Subscriber may not copy, download, store, publish, transmit, transfer, sell or othervvise use the Senrice Data or any portion of the Service Data, in any form or by any means, except (i) as expressly permitted in this Agreement, (ii) with WesYs prior written permission, or (iii) if not otherwise expressly prohibited by this Agreement or by the Additional Terms, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). Downloaded Service Data shalt not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement or as quoted in Subsc?iber's work product. Subscriber shall not sell, license or distribute the Service Data (including pnntouts or pownloaded Service Data) to third parties or use the Service Data as a component of or as a basis for any material offered for sale, license or distribution. (c) Rights in the Service Data. Except for the license granted in this Agreement, all right, tiUe and interest in the Service Data, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exGusive property of West and other contri6utors ("Contributors") of the Service Data. (d) Additional Terms and Conditions. Certain Features are govemed by terms and conditions, inctuding charges, which are different than those set forth in this Agreement ("Additional Terms"). ("Subscriber') and West Group ("West"), regarding WesYs Internet - based Subscriber will be given an opportunity to review Additional Terms by receiving notice of such Additional Terms in writing or online or by sucn other means as West may determine. Additional Terms may be modified effective upon West giving Subscriber notice (in writing, oniine or Otherwise) of the modification. By using Features governed by Additional Terms. Subscriber agrees to, and will be obligated to comply with, al1 such Addi6onal Terms as well as the terms and conditions in this Agreement. All Additional Terms wiil be considered part of this Agreement 3. Charges and Billing The charges (the "Charges") currenUy payable by Subscriber for each product are as set forth on the Order Form. The Charges may be modified at any 6me without notice. Charges for additions and for Features int[oduced after the effective date of this Agreement will be determined by West. AIl charges are exGusive of sales, use, ad valorem, value added tax (VAT) or equivalent, personal property and other taxes, which are the responsibility of Subscriber. Subscriber will pay all invoices in full within 30 days of receipt. If full payment is not made, SubSCriber may be charged up to the maximum legal interest on the unpaid balance. 4. West-Proprietary Data West grants a non-exGusive, non-transferable, limited license to individual users within `Subscriber entities to store and use West- propnetary Downloaded Service Data (as defined above) in a searchable database maintained in connection with an ongoing project of the user ("Project Database"). Such database must consist preponderantly of users' work product with access limited to those intemal users actively working on the project. The West-proprietary Downloaded Service Data may be maintained in the Project Oatabase so long as the project remains active or until any termination of this Agreement, whichever occurs first. Retention of bownloaded Service Data in a Project Database after the project ends, in an archival database used as a research tool or in a database accessible ta external users is prohibited. 5. Responsibility for CeRain Matters Subscriber is responsible for notifying West in writing of persons to whom Services passwords are to be issued or from whom passwords are to be revoked. Subscriber is solely responsible for maintaining security of Services passwords. Subscriber is also responsible for alt access to and use of the Service Data by Subscriber's personnel or by means of Subscriber's equipment or 5ervices passwords, whether or not Subscriber has knowledge of or authorizes such access and use. 6. Disclaimer of Warranties and Limitation of Liability Subscriber adcnowledges that provision of the Services entails the likelihood of some human and maChine errors, delays, interruptions and losses, including the inadvertenE loss of Service Data or damage to media which may give right to loss or damage. The perfortnance of the Services varies with the manufacturers' equipment with which it is used. West does not warrant the ievel of performance of the Services or that the Features contained in the Services will achieve Subscriber's desired resutts. Certa+n sofiware used by Subscriber may not be capable of supporting certain Features. West shall have no liability whatsoever for any Gaim(s) relating to any user's inability to access the Seroices properly or completely. NEITHER WEST, ITS AFFILIATES OR CONTRIBUTORS MAKE ANY WARRANTY THAT ACCESS TO THE SERVICES WtLL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES WEST MAKE ANY WARRANTY AS TO TiiE LIFE OF ANY URL GENERATED OR PUBLISFtED BY WEST. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SERVICES AND THE SERVICE DATA ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KfND, EXPRESS OR IMPLIED, . i..<..