06-F Library Comp System - Laserfiche WebLink

Home Browse Search

Software. GIS shall not have any responsibility for the use or function of the Software beyond those guidelines set forth in the Software Materials. 9. Site Preparation It is understood and agreed that the aforesaid fees do not include any site preparation or installation costs except as described in Schedule E, Services. The LIBRARY shall, at its own expense, prepare the site to house the Hardware in accordance with the installation specifications presented in GIS's Proposal or supplied to the LffiRARY immediately following contract signing. Pursuant to those specifications, the LffiRARY shall provide suitable electric service for operation of the Hardware and a reliable connection to the network via the Internet. The LIBRARY is also solely responsible for preparing an environment free of any and all impediments, including, but not limited to, asbestos, hazardous materials, and! or hazardous conditions, that may interfere with GIS's ability to perform a . successful and timely installation of the System components. Site preparation shall be completed by the LIBRARY within forty-five (45) days of contract signing. 10. Privacy of Data GIS agrees not to use patron details such as names, addresses, etc., for any purpose other than providing requested service to the LffiRARY and agrees not to transmit LIBRARY data to any third party, except as requested by the LIBRARY. 11. Protection and SecuritY 11.1. The LffiRARY will take appropriate action, by instruction, Agreement or otherwise, with any persons permitted access to licensed Software so as to enable the LIBRARY to satisfy its obligations under Article 7 herein. 11.2. All licensed Software Materials contain GIS proprietary information, use of which is limited by the licenses granted in this Agreement. The LIBRARY will not disclose or otherwise make available, except as required by law, any licensed Software Materials in any form to any third party except to the LIBRARY's employees, or to agents directly concerned with licensed use of the program. 12. Warranty 12.1. GIS warrants that GIS has the right to license the Software listed in Schedule D, POLARIS Software Licenses herein. GIS further warrants that the Software will perform substantially in accordance with the Software Materials in effect when shipped to the LIBRARY. GIS agrees to make reasonable efforts to correct all reproducible material errors in the Software and discrepancies between the Software Materials and the actual Software performance, contingent upon the LIBRARY advising GIS of such errors within one (1) year from delivery. Pursuant to, but not limited by, Paragraph 12.3 herein, GIS does not warrant that the operation of the licensed program will be uninterrupted or error-free or that all program defects will be corrected. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER TYPE WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL. 12.2. GIS warrants that the LIBRARY shall acquire good and clear title to the Hardware purchased hereunder, free and clear of all liens, claims, or encumbrances from a third party. Title to the Hardware shall pass from GIS to the LIBRARY upon shipment of the Hardware to the LIBRARY. GIS shall maintain a security interest in the Hardware that will be discharged when 100% of all payments against the Hardware are made. Hardware purchased under this Agreement will be newly manufactured, unless otherwise agreed to in writing by both parties. POLARIS POJ.AlŒ I