Laserfiche WebLink
<br />18.2. <br /> <br />18.3. <br /> <br />18.4. <br /> <br />18.5. <br /> <br />service operate as warranted, Gaylord's entire liability will be limited to the original <br />price paid for the software upon return. <br /> <br />For any other claim concerning performance or non-performance by Gaylord pursuant <br />to or in anyway related to the subject matter of this agreement and any supplement <br />hereto, the library shall be entitled to recover actual damages to the limits set fonh in <br />this section. <br /> <br />Gaylord's liability for damages to the library for any cause whether in contract or tort, <br />including negligence, shall be limited to any charges which would be due for twelve <br />(12) months' use of the licensed program or service that caused the damage or that is <br />the subject matter of or directly related to the cause of action. <br /> <br />Such char2es shall be those in effect when the cause of action arose and shall not <br />'"' <br /> <br />include any initial process or one-time charges paid to Gaylord. This limitation of <br />liability will not apply to claims for copyright infringement or for personal injury <br />causro solely by Gaylord's negligence. <br /> <br />In no event will Gaylord be liable for any damage caused by the library's failure to <br />perform its responsibilities or for any lost profits or other consequential, special, or <br />indirect damages, even if Gaylord has been advised of the possibility of such damages. <br /> <br />19. Waiver of ri2hts. The waiver or failure of Gaylord to exercise in any respect any right <br />provided for herein shall not be deemed a waiver of any further right hereunder. <br /> <br />20. Severability. If any provision of this agreement is invalid, illegal or unenforceable under <br />any applicable statue or rule of law, it is to that extent to be deemed omitted, and the <br />remaining provisions shall not be affected in any way. <br /> <br />21. Headin2s. The headings of the various Paragraphs and Subparagraphs herein are for <br />convenience only and shall not control or affect the meaning or construction of any <br />provisions of this agreement. <br /> <br />22. Risk of use. All risk of use, operation, and control are borne by the library. <br /> <br />23. Govemin'! Law. This agreement shall be subject to all applicable laws of the Federal <br />Government of the United States of America and to the laws of the State of Texas. The <br /> <br />06/03/94 <br /> <br />Paris Public Library Contract P 10 of 22 <br />