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2023-130 Resolution
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2023-130 Resolution
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11/10/2023 7:28:01 AM
Creation date
11/10/2023 7:17:25 AM
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North Olmsted Legislation
Legislation Number
2023-130
Legislation Date
11/8/2023
Year
2023
Legislation Title
PDQ.com Contract
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such Support Services or resources at no charge. If Customer requests any Support <br />Services from Company, and Company agrees to provide such Support Services to <br />Customer, then Company may charge Customer for such Support Services at Company's <br />then currents fees for such Support Services, and Company may require Customer to <br />upgrade or update the Software or SaaS System version Customer is then currently using <br />to the latest version indicated by Company, which requirement may include payment of <br />additional license fees by Customer to Company. <br />(b) Company may in its sole discretion provide or make Improvements <br />available to Customer. Customer agrees that Company has no obligation to develop any <br />Improvements at all or for particular issues. Customer further agrees that all <br />Improvements will be deemed Company IP, and related documentation will be deemed <br />Documentation, all subject to all terms and conditions of this Agreement unless Company <br />makes an Improvement available under and subject to a separate agreement. Customer <br />acknowledges that Company may provide some or all Improvements via download from <br />a website designated by Company and that Customer's receipt thereof will require an <br />internet connection, which connection is Customer's sole responsibility. Company has no <br />obligation to provide Improvements via any other media. <br />12. Collection and Use of Information. <br />(a) Customer acknowledges that Company may, directly or indirectly, collect <br />and store information regarding the download, installation, deployment, access, <br />navigation, and/or use of the Software, the SaaS System, any TPS included with or <br />through the Software or the SaaS System, and the equipment on which the Software or <br />Downloadable Software is installed or through which the Software or the SaaS System is <br />accessed and used ("Usage Data"). Usage Data is owned exclusively by Company. <br />(b) Customer agrees that the Company may retain, disclose, and use Usage <br />Data to: <br />(i) improve the performance of the Software and the SaaS System, <br />develop Improvements, and provide Support Services; <br />(it) verify Customer's compliance with the terms of this Agreement <br />and enforce the Company's rights, including all Intellectual Property Rights in <br />and to the Software and the SaaS System; and <br />(iii) generate research, statistical, performance, and marketing reports. <br />Such reports will use aggregated Usage Data and will not disclose Customer's <br />identity in connection with Usage Data. <br />(c) Customer acknowledges and agrees that Company may provide the name <br />of Customer and report Customer's Usage Data, including in aggregated and statistical <br />forms, to the relevant company or company of TPS downloaded or installed by Customer <br />if Company determines that Customer is or may be violating this Agreement or the <br />relevant third -party license or terms. Company will not otherwise disclose Customer's <br />identity in connection with Usage Data. Company is not, however, prohibited from <br />13 <br />
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