Laserfiche WebLink
• <br />City for the current term of this Agreement as measured from the date the City must cease <br />using the Services. <br />(h) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN <br />THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND THE <br />CITY'S USE OF THE SERVICES IS AT ITS OWN RISK. DAKOTA COUNTY/CJIIN DOES <br />NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR <br />IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT <br />AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, <br />OR TRADE PRACTICE. CJIIN DOES NOT WARRANT THAT THE SERVICES WILL BE <br />UNINTERRUPTED, ERROR -FREE, OR COMPLETELY SECURE. <br />(i) Disclaimer of Actions Caused by and/or Under the Control of Third Parties, <br />DAKOTA COUNTY/CJIIN DOES NOT AND CANNOT CONTROL THE FLOW OF DATA <br />BETWEEN THE POINT THAT THE CJIIN SYSTEM CONNECTS TO THE INTERNET <br />(WHETHER SECURE OR NOT) AND THE CITY'S FACILITIES AND EQUIPMENT. SUCH <br />FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET. <br />SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. ACTIONS OR <br />INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT THE CITY'S <br />CONNECTIONS TO CJIIN'S SYSTEM. ALTHOUGH CJIIN WILL USE REASONABLE <br />EFFORTS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, CJIIN <br />CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, <br />DAKOTA COUNTY/CJIIN DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR <br />RELATED TO SUCH EVENTS. <br />12. Nondisclosure. <br />Through exercise of each Party's rights under this Agreement, each Party may be exposed to <br />the other party's technical and financial information and criminal justice data, in electronic, <br />magnetic, photographic and other forms, that is confidential or private information <br />("Confidential Information"). In recognition of the other Party's need to protect its legitimate <br />business interests and legal obligations, each party agrees that it shall regard and treat each <br />item of information or data constituting Confidential Information of the other Party as <br />confidential or private and that, except as required by law including the Minnesota Government <br />Data Practices Act, it will not redistribute or disclose to any other person, firm or entity, or use <br />or modify for use, directly or indirectly in any way for any person or entity any of the other <br />Party's Confidential Information. If Confidential Information is required by subpoena, court <br />order or government requirement to be disclosed, each Party shall give the other Party prompt <br />written notice of such subpoena, court order or government requirement to allow the other <br />Party an opportunity to obtain a protective order to prohibit or restrict such disclosure. <br />Page 9 of 20 <br />