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AG 1998 03 16
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AG 1998 03 16
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Last modified
3/25/2002 6:05:02 PM
Creation date
11/27/2017 11:51:08 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
3/16/1998
Board
Board of Commissioners
Meeting Type
Regular
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In no event shall the Seller be liable for any breach of warranty unless notice thereof is <br />given to the Seller within three months from installation of the Software products of the <br />Buyer or within the period covered by a current Software Support Agreement or extension <br />thereof. <br /> <br />The Seller shall defend, indemnify and hold harmless the Buyer and its officers, agents, and <br />employees from any claim or proceedings brought against the Buyer, and from any cost <br />damages and expenses finally awarded against the Buyer, which arise as a result of any <br />claim that is based on an assertion that the Buyer's use of the Software products under this <br />Agreement constitutes an infringement of any United States or other patent, copyright, trade <br />secret, trademark, or other property interest rights, provided that the Buyer notifies the <br />Seller promptly of any such claim or proceeding and gives the Seller full and complete <br />authority, information, and assistance to defend such claim or proceeding and further <br />provided that the Seller shall have sole control of the defense of any claim or proceeding <br />and all negotiations for its compromise or settlement, provided that the Seller shall consult <br />with the Buyer regarding such defense. <br /> <br />In the event that the Software products are finally held to be infringing and its use by the <br />Buyer is enjoined, the Seller shall, at is election; (1) procure for the Buyer the right to <br />continue use the software products; (2) modify or replace the Software products so that it <br />becomes non-infringing. <br /> <br />The Seller shall have no liability hereunder if the Buyer modified the Software products in <br />any manner without the prior written consent of the Seller and such modification is <br />determined by a court of competent jurisdiction to be a contributing cause of the <br />infringement. <br /> <br />The foregoing states the Seller's entire liability, and the Buyer's exclusive remedy, with <br />respect to any claims of infringement of any copyright, patent, trade secret, trademark, or <br />other property interest rights by the Software products, or any part thereof, or use thereof. <br /> <br />F) <br /> <br />The warranties contained in this Section are in lieu of all other warranties, expressed or <br />implied. The Seller's expressed warranties shall not be enlarged, diminished or affected by, <br />and no obligations or liabilities shall arise out of, the Seller's rendering of technical or other <br />advice or service in connection with the products listed in Exhibit 1. <br /> <br />VI. CONFIDENTIALITY <br /> <br />Both parties recognize that their respective employees and agents, in the course of performance of <br />this Agreement, may be exposed to confidential information and that disclosure of such information <br />could violate rights to private individuals and entities. Each party agrees that it will not disclose any <br />confidential information of the other party and further agrees to take appropriate action to prevent <br />such disclosure by its employees or agents. <br /> <br />It is further acknowledged that complaint issues relating to the products listed on Exhibit 1 of this <br />Agreement may directly involve personnel of both parties, therefore any initial meeting to discuss <br /> <br /> <br />
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