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Pages, Release Notes and Guide Sheets to any third party for any purpose without prior <br />written permission of Lexipol. <br />Agency is hereby given permission by Lexipol to reproduce any or all of the contents of <br />Policy Manual(s), Supplemental Policy Publications and /or Procedure Manuals, Policy and /or <br />Procedure update content and Daily Training Bulletins for its internal use. Agency is hereby given <br />permission by Lexipol to prepare derivative works based on any or all of the contents of Policy <br />Manual(s), Supplemental Policy Publications and /or Procedure Manuals, Policy and /or Procedure <br />update content and Daily Training Bulletins for its internal use. <br />Subject to the provisions of this Section IX, Agency shall have a perpetual right and license to <br />use all materials provided by Lexipol for internal use under this Agreement, and all derivative <br />works based on such materials. <br />Nothing in this agreement shall prevent Agency from complying with the provisions of the <br />Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. <br />X. DISCLAIMER OF WARRANTIES <br />The service and all information is provided "as is" without warranties, express or implied, or <br />representations of any kind whatsoever. There shall be no warranties of merchantability, fitness <br />for a particular use, non - infringement of proprietary rights, enjoyment of the information or <br />service, system integration, or accuracy of the information. To the fullest extent permitted by law, <br />Lexipol disclaims any warranties for the security, reliability, timeliness, and performance of the <br />information and the service. The entire risk as to satisfactory quality, performance, accuracy and <br />effort is with Agency. <br />Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the <br />foregoing disclaimers may not apply to Agency insofar as they relate to implied warranties. In <br />those jurisdictions Lexipol shall use its best efforts, including industry standards of care, to <br />insure satisfactory quality, performance and accuracy. <br />XI. NON - WAIVER AND SEVERABILITY <br />Lexipol's failure to exercise any right or provision of this Agreement shall not constitute a <br />waiver of such right or provision. If a court of competent jurisdiction holds any provision of this <br />Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give <br />effect to the parties' intentions as reflected in the provision, and agree that the other provisions of <br />this Agreement remain in full force and effect. <br />XII. POLICY ADOPTION <br />The Agency hereby agrees and certifies that any and all policies developed and provided by <br />Lexipol and its agents, employees and representatives have been individually reviewed, <br />customized and adopted for the exclusive use of the Agency. It is further acknowledged and <br />agreed that Lexipol and its agents, employees and representatives shall not be considered <br />"policy makers" in any legal or other sense and that, upon acceptance of the policy,manual(s) <br />and execution of this Agreement, the chief executive of the Agency for all purposes be <br />considered the "policy make" with regard to each and every policy contained in said manual. <br />XIII. TERMINATION <br />This Subscription Agreement may be terminated at the annual anniversary date of the <br />subscription period by written notice to the other party at least 30 days preceding the subscription <br />anniversary date. <br />V02.12.14 <br />Copyright 2014 0 Lexipol, LLC 1995 -2014 <br />